Stockland Development Pty Ltd v Manly Council [2009] NSWLEC 1242

Land and Environment Court of New South Wales

CITATION : Stockland Development Pty Ltd v Manly Council [2009] NSWLEC 1242

APPLICANT Stockland Development Pty Ltd PARTIES : RESPONDENT Manly Council

FILE NUMBER(S) : 10292 of 2009

CORAM: Moore SC

KEY ISSUES: CONSTRUCTION AND INTERPRETATION - DEVELOPMENT CONSENT - SECTION 121B ORDER :-

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 121ZK

DATES OF HEARING: 12 June 2009

EX TEMPORE JUDGMENT DATE : 12 June 2009

APPLICANT Mr P Rigg, solicitor Deacons LEGAL REPRESENTATIVES: RESPONDENT Ms C Schofield, solicitor Pikes Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC

12 June 2009

10929 of 2009 Stockland Development Pty Ltd v Manly Council

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 SENIOR COMMISSIONER: This is an appeal pursuant to s 121ZK of the Environmental Planning and Assessment Act 1979 against an emergency stop work order issued by Manly Council to Stockland Development Pty Limited. Before turning to the terms of the order and the issues that arise, it is appropriate to make a number of remarks concerning the development consent that gives rise to the order.

2 The council issued a development consent to the applicant – this is a development consent dated 31 May 2007 to which are attached twelve full and two half pages of standard conditions of development consent. The notice of determination is for a proposed development involving excavation and erection of buildings comprising a supermarket, specialist shops, dwelling, parking and landscaping at 197-215 Condamine Street, Balgowlah.