RVA Australia Pty Ltd v Sutherland Shire Council No. 2 [2017] NSWLEC 1449

RVA Australia Pty Ltd v Sutherland Shire Council No. 2 [2017] NSWLEC 1449

The applicant was granted a short extension until 30 September 2017 because the evidence showed it had consistently worked towards obtaining the necessary legal access to the site and the Council had contributed to slippage in the timetable for some outstanding items.

Jurisdiction
Australia
Judgment Date
22 August 2017
Procedural Posture
Class 1 Proceedings / Procedural Ruling on Application for Extension of Time to Comply With Directions
Outcome
Extension of time granted; procedural directions made.
Legal Topics
['extension of Time' 'compliance With Directions' 'development Consent Conditions' 'legal Access to Land']
['planning and Environment' 'practice and Procedure'] ['extension of Time' 'compliance With Directions' 'development Consent Conditions' 'legal Access to Land']

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Procedural Posture

Class 1 Proceedings / Procedural Ruling on Application for Extension of Time to Comply With Directions

Legal Issues

  1. 1 ["Whether the applicant should be granted an extension of time until 30 September 2017 to comply with directions made in accordance with the Court's reasons for judgment delivered on 30 March 2017." 'Whether outstanding matters concerning legal access to the site, access and management of the Sussex Street land, the compost room, and a satellite telephone justified continuing the proceedings rather than dismissing the appeals.']

Ratio Decidendi

The applicant was granted a short extension until 30 September 2017 because the evidence showed it had consistently worked towards obtaining the necessary legal access to the site and the Council had contributed to slippage in the timetable for some outstanding items.

Court Disposition

Extension of time granted; procedural directions made.

Orders

  • ['The applicant has until 30 September 2017 to comply with the directions as set out in paragraph 120 of the judgment of the Court handed down on 30 March 2017.' 'The Respondent is to file and serve draft conditions of consent by 30 August 2017.' 'The Applicant is to file and serve any draft conditions of consent in...