Green v Kogarah Municipal Council [2001] NSWCA 123

Green v Kogarah Municipal Council [2001] NSWCA 123

Activities regarded as physical commencement were carried out in breach of conditions precedent (tree protection, silt control) and thus prohibited and illegal; such unlawful works do not prevent the consent from lapsing under s 95(4) Environmental Planning and Assessment Act 1979.

Jurisdiction
Australia
Judgment Date
02 May 2001
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
['development Consent' 'lapse of Consent' 'conditions of Consent' 'commencement of Development' 'subdivision' 'building Approval']
['environmental Law' 'planning Law'] ['development Consent' 'lapse of Consent' 'conditions of Consent' 'commencement of Development' 'subdivision' 'building Approval']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the development consent for dual occupancy on 40 Algernon Street, Oatley, had lapsed under s 95(4) Environmental Planning and Assessment Act 1979' 'Whether activities prior to the lapsing date constituted lawful physical commencement under the consent' 'Whether breach of conditions prevents activities from constituting commencement under s 95(4)']

Ratio Decidendi

Activities regarded as physical commencement were carried out in breach of conditions precedent (tree protection, silt control) and thus prohibited and illegal; such unlawful works do not prevent the consent from lapsing under s 95(4) Environmental Planning and Assessment Act 1979.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs']