Smith v Randwick City Council [2001] NSWLEC 77

Land and Environment Court of New South Wales

CITATION : Smith v Randwick City Council [2001] NSWLEC 77 APPLICANT Smith PARTIES : RESPONDENT Randwick City Council FILE NUMBER(S) : 10827 of 2000 CORAM: Cowdroy J KEY ISSUES: Development :- Consent lapsing - application to extend time - 'good cause' required to be proved - good cause absent - no basis to extend time. LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 95A(2) Derodo Pty Limited v Ku-ring-gai Municipal Council (1992) 77 LGRA 1; Green v Kogarah Municipal Council (1998) 99 LGERA 24 ; CASES CITED: Nick Giannaras v Council for the City of Queanbeyan (Bignold J, NSWLEC, 4 November 1992, unreported); O'Brien v Randwick City Council (Bannon J, NSWLEC, 21 May 1993, unreported); Winer v Ku-ring-gai Municipal Council (Talbot J, NSWLEC, 22 June 1993, unreported) DATES OF HEARING: 3/11/00, 18/4/01 DATE OF JUDGMENT: 04/27/2001

APPLICANT Mr T Hale SC

SOLICITORS Taylor Kelso LEGAL REPRESENTATIVES: RESPONDENT Mr A Thompson (Barrister)

SOLICITORS Bowen & Gerathy

JUDGMENT:

IN THE LAND AND MATTER No. 10827 of 2000 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 27/4/01

Norman and Janelle Smith Applicants v Randwick City Council Respondent JUDGMENT

1. By application class one the applicants appeal pursuant to s 95A(2) of the Environmental Planning and Assessment Act 1979 ("the EP&A Act") against a deemed refusal of Randwick City Council ("the council") of an application to extend development consent 97/739 ("the consent"). This appeal has been heard simultaneously with a notice of motion filed by the council seeking summary judgment which came before the Court on 3 November 2000.