NSW Caselaw
Reported Decision : 172 LGERA 348
Land and Environment Court of New South Wales
CITATION : Casa v City of Ryde Council [2009] NSWLEC 212
FIRST APPLICANT Richard Casa
SECOND APPLICANT Phillip Casa
PARTIES : THIRD APPLICANT Jim Bayeh
FOURTH APPLICANT Liliana Enza Bayeh
RESPONDENT City of Ryde Council
FILE NUMBER(S) : 40341 of 2009
CORAM: Pepper J
DEVELOPMENT CONSENT - JUDICIAL REVIEW :- development consent - whether s80(3) of Environmental Planning and Assessment Act 1979 requires satisfaction of a jurisdictional fact to enliven the council's exercise of statutory power - deferred commencement condition required submission of, amongst other things, a separate detailed landscaping plan - no separate landscape plan provided but other matters in condition met - construction of development consent - whether there was substantial compliance with condition - whether decision made in absence of probative evidence - whether decision manifestly unreasonable - whether later notification that consent operative by council made in error valid KEY ISSUES: ESTOPPEL:- whether council estopped from denying validity of later written notification of commencement of development consent - detriment suffered - whether reliance on notification absent any physical work commenced
LEGISLATION CITED: Environmental and Planning Assessment Act 1979 ss 80(1), 80(3), 80A(1)(h), 80A(4), 95 Environment Planning and Assessment Regulation 2000 cl 95
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