Janette Marie Green v Kogarah Municipal Council [1998] NSWLEC 142

Land and Environment Court of New South Wales

CITATION : Janette Marie Green v Kogarah Municipal Council [1998] NSWLEC 142 APPLICANT Janette Marie Green PARTIES : RESPONDENT Kogarah Municipal Council FILE NUMBER(S) : 10457 of 1997 CORAM: Talbot J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 99 Derodo Pty Limited v Ku-Ring-Gai Municipal Council Bignold J (1992) 77 LGRA 1; CASES CITED: Nick Giannaras and Others v Council for the City of Queanbeyan unreported Matter 10446 of 1992 BignoldJ 4 November1992 ; Marguerita Winer v Ku-Ring-Gai Municipal Council unreported (ex tempore) Matter 20107 of 1993 Talbot J 22 June 1993; O'Bryan v the Council for the City the Randwick and Others unreported Matter 40036 of 1993 Bannon J 21 May 1993 DATES OF HEARING: 06/03/98 EX TEMPORE JUDGMENT DATE : 03/06/1998

APPLICANT Mr T S Hale (Barrister) Brock Partners Solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr J A Cole (Solicitor) Abbott Tout Solicitors

JUDGMENT: HIS HONOUR: These are class one proceedings. The applicant seeks an approval to the extension of a period of two years beyond which a development consent which she has obtained lapses pursuant to s 99(4C). The section provides the consent authority may grant the extension if satisfied that the applicant has shown good cause. Subsection (4B) allows any person entitled to act on a development consent to apply for an extension of one year if in granting the development consent the consent authority reduced the period of five years referred to in subsection 1(a) to less than five years.