Australian Super Developments Pty Ltd v Pittwater Council [2005] NSWLEC 642

Land and Environment Court of New South Wales

CITATION : Australian Super Developments Pty Ltd v Pittwater Council [2005] NSWLEC 642

APPLICANT Australian Super Developments Pty Ltd PARTIES : RESPONDENT Pittwater Council

FILE NUMBER(S) : 10431 of 1981

CORAM: Bignold J

KEY ISSUES: Development Application :- Modified Application - Stage 2 of approved Retirement Village - Conditions ensuring mitigation of impacts upon existing Stage 1 residents

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s96

DATES OF HEARING: 13,14 July 2005 EX TEMPORE JUDGMENT DATE : 07/14/2005

APPLICANT M. Craig QC with A. Pearman

SOLICITORS Gadens

LEGAL REPRESENTATIVES:

RESPONDENT J. Jagot

SOLICITORS Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BIGNOLD J

14 July 2005

10431 of 1981 AUSTRALIAN SUPER DEVELOPMENTS PTY LIMITED v PITTWATER COUNCIL

JUDGMENT 1 HIS HONOUR: I have come to the conclusion that the application before the Court for the modification of existing development consent, tracing back to a decision of 1982, should be approved. In coming to that conclusion, I have been considerably assisted by the manner in which the parties have presented their respective cases. I should make it clear that the Council's participation in the case has not been in defence of a decision that it took in relation to the modification application, for the simple reason that the application has been made to the Court and the Court being the original consent authority has been called upon in the present case to determine the modification application.