Gunning Sustainable Development Association Inc v Upper Lachlan Council and Another [2005] NSWLEC 182

Land and Environment Court of New South Wales

CITATION : Gunning Sustainable Development Association Inc v Upper Lachlan Council and Another [2005] NSWLEC 182

APPLICANT Gunning Sustainable Development Association Inc

FIRST RESPONDENT PARTIES : Upper Lachlan Council

SECOND RESPONDENT Tinvest Pty Limited Upper Lachlan Council

FILE NUMBER(S) : 40498 of 2004

CORAM: Talbot J

KEY ISSUES: :- Adjournment.

LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000 cl 97, 97(4)

CASES CITED: F Hannan Pty Ltd v Electricity Commission of New South Wales [No.3] (1985) 66 LGRA 306

DATES OF HEARING: 29/03/2005 EX TEMPORE JUDGMENT DATE : 03/29/2005

APPLICANT Mr G D Stewart-Richardson (Agent) SOLICITORS N/A

FIRST RESPONDENT LEGAL REPRESENTATIVES: Mr J E Robson SC SOLICITORS Minter Ellison

SECOND RESPONDENT Mr P R Clay (Barrister) SOLICITORS Michell Sillar

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Talbot J 29 March 2005

40498 of 2004 Gunning Sustainable Development Association v Upper Lachlan Council and Another

JUDGMENT 1 Talbot J: There are a number of issues to be resolved following submissions made by the second respondent whereby it seeks to persuade the Court to exercise its discretion not to make a declaration of invalidity in respect of the subject development consent. The first respondent is prepared to accept that it is open to merely make an order restraining the second respondent from acting on the consent. The applicant has already made comprehensive submissions to the contrary. 2 The second respondent has purported to surrender the consent since judgment was delivered. The form of the surrender document has become an exhibit. The applicant has made submissions that raise serious issues regarding the effectiveness of the surrender.