Peake Pearce Pty Ltd v Georges River Council [2023] NSWLEC 89

Land and Environment Court New South Wales

Medium Neutral Citation: Peake Pearce Pty Ltd v Georges River Council [2023] NSWLEC 89 Hearing dates: 25 August 2023 Date of orders: 25 August 2023 Decision date: 25 August 2023 Jurisdiction: Class 4 Before: Duggan J Decision: See paragraphs 42 to 44 Catchwords: JUDICIAL REVIEW – Uniform Civil Procedure Rules r 59.10(3) – leave granted to extend time for commencement of proceedings – Environmental Planning and Assessment Act 1979 (NSW) s 4.16(3) – whether Council had power to impose deferred commencement condition upon modification – modification of development consent is not grant of development consent – declaration made that modification of development consent invalid Legislation Cited: COVID-19 Legislation Amendment (Emergency Measures – Miscellaneous Act) 2020 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Environmental Planning and Assessment Regulation 2020 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Coalcliff Community Association Inc v Minister for Urban Affairs and Planning (1999) 106 LGERA 243 Project Blue Sky In v Australian Broadcasting Authority (1998) 194 CLR 355 Wingecarribee Shire Council v Uri Turgeman trading as Uri T Design [2018] NSWLEC 146 Category: Principal judgment Parties: Peake Pearce Pty Ltd ACN 666 871 334 (Applicant) Georges River Council (Respondent) Representation: Counsel: A M Pickles SC and A G Pearman (Applicant) Submitting appearance (Respondent)