Aldous v Greater Taree City Council [2009] NSWLEC 17

Reported Decision : 167 LGERA 13

Land and Environment Court of New South Wales

CITATION : Aldous v Greater Taree City Council [2009] NSWLEC 17

APPLICANT: Adrian Aldous

PARTIES : FIRST RESPONDENT: Greater Taree City Council

SECOND RESPONDENT: Australian Equity Investments Pty Ltd

FILE NUMBER(S) : 40513 of 2008

CORAM: Biscoe J

JUDICIAL REVIEW :- whether valid development consent and notice of determination for beachfront dwelling - council resolution approves development application subject to "appropriate" conditions - council officer formulates conditions and issues development consent and notice of determination - council officer had no authority to do so - principles concerning delegated authority - whether resolution void for uncertainty and because of deferred essential conditions - whether purported development consent and notice of determination invalid having regard to the resolution and lack of authority of council officer - whether development consent invalid because council failed to take into account principles of ecologically sustainable development, in particular the effect of climate change induced coastal erosion on a beachfront development - whether development consent invalid because council failed to take into account requirements of cl 8 of State Environmental Planning Policy No 71 Coastal Protection - whether development consent invalid because council failed to take into account view loss caused by proposed development - whether development consent manifestly unreasonable - whether order of conditional validity under s 25B Land and Environment Court Act 1979 could or should be made. KEY ISSUES: ECOLOGICALLY SUSTAINABLE DEVELOPMENT – whether development consent invalid because council failed to take into account principles of ecologically sustainable development, in particular the effect of climate change induced coastal erosion on a beachfront development.