St Basil's Homes and NSW Land and Housing Corporation v Randwick City Council [2011] NSWLEC 72

St Basil's Homes and NSW Land and Housing Corporation v Randwick City Council [2011] NSWLEC 72

DA 38, granted on 22 February 2001 for regeneration and revegetation of the heritage gardens known as "the Grove", satisfied the deferred commencement condition for DA 293, so DA 293 operated from 22 February 2001 and would lapse on 22 February 2006 unless relevant work had physically commenced. The evidence overwhelmingly established that substantial Stage 1 earthworks for DA 293 were commenced and completed in December 2005, before the lapsing date. Those works were physical commencement of the approved development within s 95, so DA 293 had not lapsed. The evidence also established utility and public interest in granting the declarations, justifying the exercise of discretion.

Jurisdiction
Australia
Judgment Date
14 April 2011
Procedural Posture
Class 4 Proceedings Seeking Declaratory Relief / Principal Ex Tempore Judgment
Outcome
Declarations made in both matters; exhibits may be returned.
Legal Topics
['development Consent' 'lapsing of Consent' 'deferred Commencement Condition' 'declaratory Relief']
['environmental Planning and Assessment' 'land and Environment'] ['development Consent' 'lapsing of Consent' 'deferred Commencement Condition' 'declaratory Relief']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 4 Proceedings Seeking Declaratory Relief / Principal Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether Development Consent 00/00293/GJ had lapsed under s 95 of the Environmental Planning and Assessment Act 1979.' 'Whether the deferred commencement condition imposed under s 80(3) of the Environmental Planning and Assessment Act 1979 had been satisfied so that the development consent was operative.' 'Whether the Court should exercise its discretion to grant the declarations sought where the Council had entered a submitting appearance.']

Ratio Decidendi

DA 38, granted on 22 February 2001 for regeneration and revegetation of the heritage gardens known as "the Grove", satisfied the deferred commencement condition for DA 293, so DA 293 operated from 22 February 2001 and would lapse on 22 February 2006 unless relevant work had physically commenced. The evidence overwhelmingly established that substantial Stage 1 earthworks for DA 293 were commenced and completed in December 2005, before the lapsing date. Those works were physical commencement of the approved development within s 95, so DA 293 had not lapsed. The evidence also established utility and public interest in granting the declarations, justifying the exercise of discretion.

Court Disposition

Declarations made in both matters; exhibits may be returned.

Orders

  • ["A declaration that Development Consent 00/00293/GJ granted by Randwick City Council (Council) on 12 December 2000, and issued by the Council on or about 21 December 2000 for St Paul's Square Consortium, in relation to the land known as Lot 1 DP 776899 and granting consent for aged and disabled persons housing...