United Super Investments Pty Ltd v Pittwater Council [2003] NSWLEC 61

> Land and Environment Court of New South Wales

CITATION : United Super Investments Pty Ltd v Pittwater Council [2003] NSWLEC 61 APPLICANT: United Super Investments Pty Ltd PARTIES : RESPONDENT: Pittwater Council FILE NUMBER(S) : 10431 of 1981 CORAM: Bignold J KEY ISSUES: Practice and Procedure :- Correction of accidental error in consent orders modifying development consent. LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 96 Land and Environment Court Rules Part 10 r 7; Part 15 r 9 CASES CITED: DATES OF HEARING: 27/03/2002 EX TEMPORE JUDGMENT DATE : 03/27/2002

APPLICANT: Mr B Preston SC SOLICITORS PricewaterhouseCoopers Legal

LEGAL REPRESENTATIVES: RESPONDENT: Ms H Irish, Barrister SOLICITORS Mallesons Stephen Jaques

JUDGMENT:

IN THE LAND AND Matter No. 10431 of 1981 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 27 March 2002

UNITED SUPER INVESTMENTS PTY LIMITED

Applicant

v

PITTWATER COUNCIL

Respondent

JUDGMENT

1. This is an application under of the Environmental Planning and Assessment Act 1979 s 96 for the modification of a development consent granted by the Court on 9 March 1982, for the development of an extensive retirement village on land situated in the vicinity of Cabbage Tree Road and Julia Street, South Bayview.

2. The application comes before the Court because the Applicant has perceived a possible mistake that occurred at the time that the Court, by consent, modified the original development consent by a decision made by consent in 1986 and although that perceived mistake in the consent orders has hitherto not been noted or has not caused any concern the matter now arises all these years later no doubt because the Applicant wants to maintain the benefit of the original consent.