Reysson Pty Ltd v Roads and Maritime Services [2012] NSWLEC 17

Reysson Pty Ltd v Roads and Maritime Services [2012] NSWLEC 17

The 1993 development consent had not lapsed because both the surveying works and the roundabout construction, undertaken before the lapsing date, constituted engineering and construction work physically commenced on the land to which the consent applied, thereby preventing lapsing under former s 99(4) of the Environmental Planning and Assessment Act 1979. These works were found not to be in breach of condition 9 of the consent, as 'engineering works' in that condition did not include survey work necessary for producing engineering drawings, and the roundabout work was external to the subdivision and not subject to condition 9. The earthworks, however, were found to have breached condition...

Jurisdiction
Australia
Judgment Date
14 February 2012
Procedural Posture
Land Acquisition Compensation Objection / Preliminary Determination of Whether Development Consent Had Lapsed
Outcome
Development consent had not lapsed as at the relevant date.
Legal Topics
['development Consent Lapsing' 'interpretation of Development Consents' 'commencement of Works' 'statutory Construction' 'land Compensation']
['planning and Environment Law' 'administrative Law' 'compulsory Acquisition'] ['development Consent Lapsing' 'interpretation of Development Consents' 'commencement of Works' 'statutory Construction' 'land Compensation']

Case Brief

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Procedural Posture

Land Acquisition Compensation Objection / Preliminary Determination of Whether Development Consent Had Lapsed

Legal Issues

  1. 1 ['Whether the 1993 development consent for subdivision lapsed prior to compulsory acquisition under former s 99 Environmental Planning and Assessment Act 1979' "Whether surveying and roundabout works constituted 'engineering work' for purposes of preventing lapsing under s 99(4)" 'Whether commencement of earthworks without approved engineering drawings satisfied or breached conditions of consent' 'Principles of interpretation applicable to development consents and their conditions']

Ratio Decidendi

The 1993 development consent had not lapsed because both the surveying works and the roundabout construction, undertaken before the lapsing date, constituted engineering and construction work physically commenced on the land to which the consent applied, thereby preventing lapsing under former s 99(4) of the Environmental Planning and Assessment Act 1979. These works were found not to be in breach of condition 9 of the consent, as 'engineering works' in that condition did not include survey work necessary for producing engineering drawings, and the roundabout work was external to the subdivision and not subject to condition 9. The earthworks, however, were found to have breached condition...

Court Disposition

Development consent had not lapsed as at the relevant date.

Orders

  • ['Preliminary question answered: Development consent DA 92/118 granted by Tweed Shire Council on 21 January 1993 had not lapsed as at 21 January 1998 within the meaning of the Environmental Planning and Assessment Act 1979.' 'Exhibits may be returned.' 'Matter listed for directions before the List Judge on Friday 17...