NSW Caselaw
Land and Environment Court of New South Wales
CITATION : JMS Capital Pty Limited v Tweed Shire Council [2006] NSWLEC 535
APPLICANT: JMS Capital Pty Limited PARTIES : ACN 108 749 355
RESPONDENT: Tweed Shire Council
FILE NUMBER(S) : 10156 of 2006
CORAM: Lloyd J
KEY ISSUES: Development Consent :- lapse of consent – physical commencement – engineering work – does survey work constitute physical commencement?
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 (NSW) s 99 (as at 22 December 1988) cf s 95 (as currently in force)
Drummoyne Municipal Council v Lebnan (1974) 131 CLR 350; CASES CITED: Hunter Development & Brokerage Pty Ltd v Cessnock City Council (2005) 63 NSWLR 124; United Dominions Corporation Ltd v Woollahra Municipal Council [1973] 1 NSWLR 616
DATES OF HEARING: 07/08/2006
DATE OF JUDGMENT: 08/29/2006
APPLICANT: T F Robertson SC SOLICITORS: Woolf Associates LEGAL REPRESENTATIVES: RESPONDENT: P J McEwen SC SOLICITORS: Stacks Northern Rivers
JUDGMENT: - 10 - IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Lloyd J
Tuesday, 29 August 2006
LEC No. 10156 of 2006
JMS CAPITAL PTY LIMITED v TWEED SHIRE COUNCIL [2006] NSWLEC 535
JUDGMENT Background 1 HIS HONOUR: On 22 December 1988 Tweed Shire Council granted development consent for a tourist resort on two adjoining parcels of land at Wooyung. The development involved the creation of an artificial lake, a nine-hole golf course, accommodation units, tennis courts, and other facilities. Parts of the site were set-aside as conservation areas. 2 The consent was granted subject to 30 conditions, including a condition specifying the surface dimensions, boundaries and the maximum depth of the proposed lake (condition 10); and a condition requiring consolidation of the separate parcels of land into one lot and under one title (condition 29). 3 On 8 December 2005 the applicant made an application to modify the consent to enable the development to be carried out in two substages. The stated intention of the modification is to enable the substantial earthworks to be carried out as a first stage prior to construction of buildings, car parking, infrastructure and other ancillary components. 4 On 28 February 2006 the applicant appealed to the Court against the failure of the council to determine the application. On 22 March 2006 the council resolved to defend the appeal on the ground that the consent has lapsed. 5 The following questions have now been referred to me for separate determination:
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate