Fabemu (No 2) Pty Ltd v Kiama Municipal Council [2023] NSWLEC 79

Land and Environment Court New South Wales

Medium Neutral Citation: Fabemu (No 2) Pty Ltd v Kiama Municipal Council [2023] NSWLEC 79 Hearing dates: 29 May and 10 July 2023 Date of orders: 21 July 2023 Decision date: 21 July 2023 Jurisdiction: Class 4 Before: Moore J Decision: See orders at [87] Catchwords: DEVELOPMENT CONSENT ‑ declaration sought that consent had commenced by virtue of s 4.53(4) of the Environmental Planning and Assessment Act 1979 (the EPA Act) ‑ works relied upon as causing commencement were geotechnical borehole drilling ‑ conditions of consent required preparation of traffic management plan prior to the commencement of any works ‑ consideration of whether condition required to be satisfied, prior to the carrying out of the works sought to be relied upon as constituting commencement ‑ satisfaction of the traffic management plan condition required to be effected prior to the carrying out of any works, including the works relied upon for the purposes of s 4.53(4) of the EPA Act ‑ application for declaration that the development consent has commenced dismissed Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.53(4) Cases Cited: Benedict Industries Pty Ltd v Minister for Planning; Liverpool City Council v Moorebank Recyclers Pty Ltd (2016) NSWLEC 122 Hakea Holdings Pty Ltd v Louisiana Properties Pty Ltd [2018] NSWCA 240 Hunter Development Brokerage Pty Ltd v Cessnock City Council; Tovedale Pty Ltd v Shoalhaven City Council (2005) 63 NSWLR 124; [2005] NSWCA 169 Iron Gates Developments Pty Ltd v Richmond‑Evans Environmental Society Inc (1992) 81 LGERA 132 Nash Bros Builders Pty Ltd v Riverina Water County Council (No 2) [2015] NSWLEC 156 Robby Ingham Pty Ltd v Kiama Municipal Council [2016] NSWLEC 1490 The Queen v Australian Broadcasting Tribunal; ex parte Hardiman (1980) 144 CLR 13; [1980] HCA 13 Category: Principal judgment Parties: Fabemu (No 2) Pty Ltd (Applicant) Kiama Municipal Council (Respondent) Representation: Counsel: Ms J Reid, barrister (Applicant) Submitting appearance (Respondent)