STEBBINS v THE COUNCIL OF THE CITY OF LISMORE [1988] NSWCA 146

STEBBINS v THE COUNCIL OF THE CITY OF LISMORE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, PRIESTLEY and CLARKE JJA 10 September 1987, 11 March 1988

[1988] NSWCA 146

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT — development application — application consisting of printed form filled in, accompanied by plans — Council indicating on plans before consent that amendment required in one respect — question of content of consent — whether application as lodged had been consented to. DEVELOPMENT CONSENT — construction of — discussion of documents which comprise (a) development application, (b) development consent — permissible approach. ORDERS 1. Appeal dismissed. 2. Appellants to bear respondent's costs of appeal.

Mahoney, Priestley and Clarke JJA The Lakeside Lodge Motel stands between the present and the old Bruxner Highway south of Lismore. In 1983 the only entrance to the motel was from the old highway. On 21 June 1983 the appellants, the proprietors of the motel, lodged a development application and plans with the respondent ("the Council"). Upon the printed form of application the development for which consent was sought was described as "Motel extension - 8 units plus kitchen and storeroom, plus upgrading of internal roadworks". Next to the space provided in the printed form for this description was a note saying that "plans/drawings and other information describing the development must accompany any application". On one of the plans accompanying the application there was shown a driveway from the motel to the new highway. Where the driveway met the new highway the words "new entrance" appeared. There was no specific reference to this on the printed form.

On 5 October 1983 the Deputy Chief planner and Chief planner of council prepared a report on the development application which was submitted to a meeting of the Council on Tuesday 11 October 1983. This report mentioned that the Council's Development Control Unit recommended approval of the application, subject to seven conditions. Condition 6 was that "The new access to the highway, if provided, be constructed at the full cost of the developer to conform to a Department of Main Roads Type 4 intersection."