Young v Parrramatta City Council (No 2) [2006] NSWLEC 662

Land and Environment Court of New South Wales

CITATION : Young v Parrramatta City Council (No 2) [2006] NSWLEC 662

APPLICANT PARTIES : Greg Young RESPONDENT Parramatta City Council

FILE NUMBER(S) : 10322 of 2006

CORAM: Pain J

KEY ISSUES: Development Application :- Whether development application can be amended to seek consent for deferred commencement - costs

Land and Environment Court Act 1979 s 69 LEGISLATION CITED: Land and Environment Court Rules 1996 Pt 10 r 1 Environmental Planning and Assessment Act 1979 s80(3) Environmental Planning and Assessment Regulation 2000 cl 55

CASES CITED: Grant v Kiama Municipal Council [2006] NSWLEC 70

DATES OF HEARING: 23/10/2006

EX TEMPORE JUDGMENT DATE : 10/23/2006

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT Ian Woodward (solicitor) SOLICITORS Storey & Gough Solicitors

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

23 October 2006

10322 of 2006 Greg Young v Parramatta City Council (No 2)

EX TEMPORE JUDGMENT 1 Her Honour: These are Class 1 appeal proceedings in relation to development application 175/2006. I handed down a judgment on a preliminary question of law on 1 September 2006. The question of law was whether the Court had power to approve an application for subdivision of land where the land was the subject of a development consent granted by the Court in 2004 pursuant to State Environmental Planning Policy No 5 – Housing for Older People with a Disability ("SEPP 5"), and the 2004 development consent had not yet been carried out. I held that the Court had no jurisdiction to consider the applicant's development application for subdivision because of cl 18 of SEPP 5. The Council has been represented by its solicitor and the Applicant has represented himself throughout.