S J Connelly Pty Ltd v Clarence Valley Council [2009] NSWLEC 1129

Land and Environment Court of New South Wales

CITATION : S J Connelly Pty Ltd v Clarence Valley Council [2009] NSWLEC 1129

APPLICANT S J Connelly Pty Ltd PARTIES : RESPONDENT Clarence Valley Council

FILE NUMBER(S) : 10063 of 2009

CORAM: Murrell C

KEY ISSUES: CONSENT ORDERS - SECTION 96 MODIFICATION :-

LEGISLATION CITED: Northern Rivers Local Government Development Design and Construction Manual

DATES OF HEARING: 22 April 2009

EX TEMPORE JUDGMENT DATE : 23 April 2009

APPLICANT Mr Stephen Connelly, Litigant in Person

LEGAL REPRESENTATIVES: RESPONDENT Mr David Pickering, Solicitor of Pickering Priestley Solicitors

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

23 April 2009

10063 of 2009 S J Connelly Pty Ltd -v- Clarence Valley Council

JUDGMENT 1 COMMISSIONER: The applicant in these proceedings submitted a s96 application to the Council seeking a modification to the conditions of consent granted by the Council to a development application for a canal development of 269 lots in what is known as Yamba Quays.

2 The parties have come here today with consent orders agreeing to the deletion of condition 33 of development consent number 1973/92 and an amendment to condition 15. There are no objectors to the proposed modification and I see no reason as to why the Court should not agree to the consent orders.

3 Since development consent was granted to the subdivision over 100 lots have been registered and the canals and associated revetment walls have been completely constructed. The applicant contends that given that the site is now in a physical state requiring minimal further work in terms of infrastructure condition 33 is unnecessary and Council agrees that it can be deleted from the development consent.