K R Nash & Associates Pty Ltd v Minister Administering the Environmental Planning and Assessment Act 1979 [2009] NSWLEC 1387

Land and Environment Court of New South Wales

CITATION : K R Nash & Associates Pty Ltd v Minister Administering the Environmental Planning and Assessment Act 1979 [2009] NSWLEC 1387

APPLICANT K R Nash & Associates Pty Ltd PARTIES : RESPONDENT Minister Administering the Environmental Planning and Assessment Act 1979

FILE NUMBER(S) : 10641 of 2009

CORAM: Bly C

KEY ISSUES: CONSENT ORDERS :- Modification application; amendments to deferred commencement conditions.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000

DATES OF HEARING: 16 October 2009

EX TEMPORE JUDGMENT DATE : 16 October 2009

APPLICANT Miss D Townsend (Solicitor) SOLICITOR Mallesons Stephen Jaques LEGAL REPRESENTATIVES: RESPONDENT Miss A Summerhayes (Solicitor) SOLICITOR Legal Services Branch Department of Planning

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

16 October 2009

10641 of 2009 KR NASH & ASSOCIATES v MINISTER ADMINISTERING THE ENVIRONMENT PROTECTION AND ASSESSMENT ACT 1979 This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 COMMISSIONER: On 25 October 2007, the Court granted a development consent for the subdivision and erection of a number of dwellings for tourist purposes at lot 41 and 42 DP 107019 Boomerang Drive, Pacific Palms. That consent was subject to a number of deferred commencement conditions that prevented the consent from operating until those matters were complied with. The applicant now seeks to modify the deferred commencement consent pursuant to s 96(8) of the Environmental Planning and Assessment Act 1979.