Western Sydney Conservation Alliance Incorporated v Penrith City Council [2012] NSWLEC 99

Western Sydney Conservation Alliance Incorporated v Penrith City Council [2012] NSWLEC 99

In the context of a motion under s 25C(2) of the Land and Environment Court Act 1979 seeking consequential orders following regranting of altered development consents, the Court adjourned the hearing as the Council had not yet formally revoked the suspended consents, which is necessary under the statutory regime.

Parties
Applicant: Western Sydney Conservation Alliance Incorporated; First Respondent: Penrith City Council; Second Respondent: Maryland Development Company Pty Ltd; Third Respondent: St Marys Land Limited
Jurisdiction
Australia
Judgment Date
04 May 2012
Procedural Posture
Class 4 / Motion Hearing Adjourned Part Heard
Outcome
Hearing of the notice of motion adjourned part heard
Legal Topics
Practice and Procedure, Development Consent, Suspension and Revocation of Development Consent
Environmental Law Administrative Law Practice and Procedure Development Consent Suspension and Revocation of Development Consent

Case Brief

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Parties

Western Sydney Conservation Alliance Incorporated

Applicant

Penrith City Council

First Respondent

Maryland Development Company Pty Ltd

Second Respondent

St Marys Land Limited

Third Respondent

Procedural Posture

Class 4 / Motion Hearing Adjourned Part Heard

Legal Issues

  1. 1 Whether the suspended development consents had been validly revoked following the regrant with alterations as required under s 25C(2) of the Land and Environment Court Act 1979
  2. 2 The effect of Council’s omission to formally revoke suspended development consents after regranting

Ratio Decidendi

In the context of a motion under s 25C(2) of the Land and Environment Court Act 1979 seeking consequential orders following regranting of altered development consents, the Court adjourned the hearing as the Council had not yet formally revoked the suspended consents, which is necessary under the statutory regime.

Court Disposition

Hearing of the notice of motion adjourned part heard

Orders

  • The hearing of the notice of motion filed by the first respondent on 20 April 2012 is adjourned part heard to 25 May 2012 before Biscoe J.