Garey & Anor v Great Lakes Council [2005] NSWLEC 563

Land and Environment Court of New South Wales

CITATION : Garey & Anor v Great Lakes Council [2005] NSWLEC 563

APPLICANTS: Maxwell John Garey PARTIES : Kathleen Judith Garey RESPONDENT: Great Lakes Council

FILE NUMBER(S) : 11027 of 2005

CORAM: Pain J

KEY ISSUES: Development Consent :- modification of development consent - whether conditions within power

Environmental Planning and Assessment Act 1979 s 96 LEGISLATION CITED: Great Lakes Local Environmental Plan 1996

1643 Pittwater Road Pty Limited v Pittwater Council [2004] NSWLEC 685; CASES CITED: Gee v Port Stephens Council (2003) 131 LGERA 325

DATES OF HEARING: 14/09/2005 EX TEMPORE JUDGMENT DATE : 09/14/2005

APPLICANT: Mr C Gough (solicitor) SOLICITORS: Storey & Gough LEGAL REPRESENTATIVES: RESPONDENT: Mr I Hemmings (barrister) SOLICITORS: Peter Rees

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

14 September 2005

11027 of 2005 Maxwell John Garey & Anor v Great Lakes Council

EX TEMPORE JUDGMENT

1 Her Honour: This matter is a preliminary question of law in a Class 1 appeal against conditions imposed by Great Lakes Council ("the Council") in relation to a modification of the DA for the Applicants' property at 15 Headland Road, Boomerang Beach ("the property") under s 96 of the Environmental Planning and Assessment Act 1979 ("the EP&A Act"). Background 2 I have been provided with an agreed statement of facts by the parties as follows: 1. The property at 15 Headland Road, Boomerang Beach is owned by the applicants and is more particularly described as Lot 2 DP 794423. 2. The property is zoned 2 village under the provisions of the Great Lakes Local Environmental Plan 1996. 3. On 25 February 2003 the Council granted development consent to the applicants for Multiple Dwellings (2 units) at the property. 4. Construction of the development has commenced. 5. On 10 June 2005, the applicants lodged with the Council a Section 96 Application. 6. On 18 August 2005, the Council approved the Section 96 Application.