--Azzopardi & Ors v Gosford City Council & Anor (No.2) [2001] NSWLEC 283

--Azzopardi & Ors v Gosford City Council & Anor (No.2) [2001] NSWLEC 283

The applicants failed to establish that the watercourse was a 'river' for the purposes of the R&FI Act or that the works involved relevant excavation requiring integrated development consent; Council satisfied statutory obligations; therefore, the consent was valid and the application was dismissed.

Parties
Applicant: Victoria Azzopardi, Jane Azzopardi, Michael John Azzopardi, Kim Leanne Azzopardi; First Respondent: Gosford City Council; Second Respondent: Parit Pty Limited
Jurisdiction
Australia
Judgment Date
14 December 2001
Procedural Posture
Judicial Review (class 4 Proceedings) / Final Judgment
Outcome
Application dismissed
Legal Topics
Development Consent, Integrated Development, Environmental Planning and Assessment Act 1979, Rivers and Foreshores Improvement Act 1948, Onus of Proof, Discretion, Costs
Administrative Law Planning and Environment Law Development Consent Integrated Development Environmental Planning and Assessment Act 1979 Rivers and Foreshores Improvement Act 1948 Onus of Proof Discretion +1 more

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Parties

Victoria Azzopardi, Jane Azzopardi, Michael John Azzopardi, Kim Leanne Azzopardi

Applicant

Gosford City Council

First Respondent

Parit Pty Limited

Second Respondent

Procedural Posture

Judicial Review (class 4 Proceedings) / Final Judgment

Legal Issues

  1. 1 Whether the relevant watercourse is a 'river' within the meaning of the Rivers and Foreshores Improvement Act 1948 (R&FI Act)
  2. 2 Whether the proposed development involved excavation or works triggering 'integrated development' status under the Environmental Planning and Assessment Act 1979 (EP&A Act)
  3. 3 Whether the development consent granted by Gosford City Council was invalid for failure to process as integrated development

Ratio Decidendi

The applicants failed to establish that the watercourse was a 'river' for the purposes of the R&FI Act or that the works involved relevant excavation requiring integrated development consent; Council satisfied statutory obligations; therefore, the consent was valid and the application was dismissed.

Court Disposition

Application dismissed

Orders

  • The amended class 4 application is dismissed.
  • The applicants are ordered to pay the respondents' costs on a party-party basis, as agreed, or as assessed according to law.