Australian Super Developments Pty Limited v Pittwater Council [2004] NSWLEC 632

Land and Environment Court of New South Wales

CITATION : Australian Super Developments Pty Limited v Pittwater Council [2004] NSWLEC 632 APPLICANT PARTIES : Australian Super Developments Pty Limited RESPONDENT Pittwater Council FILE NUMBER(S) : 10431 of 1981 CORAM: Pain J KEY ISSUES: Development Consent :- whether alternative plan gives effect to lost development consent plan Environmental Planning and Assessment Act 1979 s 96 LEGISLATION CITED: Land and Environment Court Rules Pt 6 r 1(1) Supreme Court Rules Pt 31 r 2 CASES CITED: DATES OF HEARING: 8/11/2004 DATE OF JUDGMENT: 11/12/2004

APPLICANT Mr M Craig SC with Ms A Pearman instructed by Gadens Lawyers LEGAL REPRESENTATIVES: RESPONDENT Ms J Jagot instructed by Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

12 November 2004

10431 of 1981 Australian Super Developments Pty Limited v Pittwater Council

JUDGMENT 1 Her Honour: In 1982 this Court granted the Applicant development consent for a retirement village, including 185 self care units, at 79 Cabbage Tree Road, Bayview. Stage 1 of the development has been completed in the southern part of the site. Stage 2, being the construction of 112 self care units on the northern part of the land, is yet to be constructed.

2 The Applicant has lodged a Notice of Motion with the Court pursuant to s 96 of the Environmental Planning and Assessment Act 1979 ("the EP&A Act") seeking modification of the development consent as it relates to Stage 2 of the development.