Sericott Pty Limited v. Snowy River Shire Council [1998] NSWLEC 133

Sericott Pty Limited v. Snowy River Shire Council [1998] NSWLEC 133

Declarations should reflect that works carried out upon specified lands have been physically commenced and constitute an existing use for subdivision under the development consent. Existing use rights are confined to Stage 1 and lands the subject of consent, not to lands reserved for subsequent stages. Costs follow the event, and the applicant is entitled to its costs where it essentially obtained the relief sought.

Jurisdiction
Australia
Judgment Date
26 November 1998
Procedural Posture
Class 4 and Class 1 Proceedings / Final Judgment and Orders
Outcome
Declarations concerning existing use rights granted; application in matter 40299 dismissed; costs awarded as detailed.
Legal Topics
['existing Use Rights' 'development Consent' 'physical Commencement' 'subdivision' 'costs']
['environmental and Planning Law'] ['existing Use Rights' 'development Consent' 'physical Commencement' 'subdivision' 'costs']

Case Brief

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Procedural Posture

Class 4 and Class 1 Proceedings / Final Judgment and Orders

Legal Issues

  1. 1 ["Whether works carried out pursuant to development consent were 'physically commenced' under s 99 of the EPAA" "Whether works constitute an 'existing use' under s 106 of the EPAA" 'The extent to which existing use rights apply to certain lands' 'Entitlement to costs based on success of parties']

Ratio Decidendi

Declarations should reflect that works carried out upon specified lands have been physically commenced and constitute an existing use for subdivision under the development consent. Existing use rights are confined to Stage 1 and lands the subject of consent, not to lands reserved for subsequent stages. Costs follow the event, and the applicant is entitled to its costs where it essentially obtained the relief sought.

Court Disposition

Declarations concerning existing use rights granted; application in matter 40299 dismissed; costs awarded as detailed.

Orders

  • ['Declarations and orders entered on 24 July 1998 in matter 40170 of 1997 vacated.' 'Declarations set out in paragraph 25 of the judgment substituted.' "Respondent to pay applicant's costs in matter 40170." 'Application dismissed in matter 40299; applicant to pay costs of First and Third Respondents.' 'Class 1...