St Basil's Homes and NSW Land and Housing Corporation v Randwick City Council [2011] NSWLEC 72

Land and Environment Court New South Wales

Medium Neutral Citation: St Basil's Homes and NSW Land and Housing Corporation v Randwick City Council [2011] NSWLEC 72 Hearing dates: 14 April 2011 Decision date: 14 April 2011 Jurisdiction: Class 4 Before: Biscoe J Decision: 1. Declaration that Development Consent 00/00293/GJ granted by Randwick City Council (Council) on 12 December 2000 and issued by the Council on or about 21 December 2000 for St Paul's Square Consortium in relation to the land known as Lot 1 DP 776899 and granting consent for aged and disabled persons housing involving the erection of seven buildings with provision of 152 self-care units has not lapsed under s 95 of the Environmental Planning and Assessment Act 1979. 2. Declaration that the deferred commencement condition imposed pursuant to s 80(3) of the Environmental Planning and Assessment Act 1979 on development consent 00/00293/GJ granted by Randwick City Council (Council) on 12 December 2000 and issued by the Council on or about 21 December 2000 to St Paul's Square Consortium in relation to land known as Lot 1 DP 776899 and granting consent for aged and disabled persons housing involving the erection of seven buildings for provision of 152 self-care units has been satisfied and that the development consent is an operative consent. Catchwords: DEVELOPMENT CONSENT:-whether lapsed - whether deferred commencement condition satisfied and consent operative Legislation Cited: Environmental Planning and Assessment Act 1979 ss 80(3), 95 Cases Cited: Hunter Development Brokerage Pty Ltd v Cessnock City Council; Tovedale Pty Ltd v Shoalhaven City Council [2005] NSWCA 169, 63 NSWLR 124 Zaymill Pty Ltd and Maksim Holdings Pty Ltd v Ryde City Council [2009] NSWLEC 86 Category: Principal judgment Parties: 40114/11 St Basil's Homes (Applicant) Randwick City Council (Respondent)