Roberts v Blue Mountains City Council [2012] NSWLEC 2

Land and Environment Court New South Wales

Medium Neutral Citation: Roberts v Blue Mountains City Council [2012] NSWLEC 2 Hearing dates: 8 August 2011 Decision date: 17 January 2012 Jurisdiction: Class 1 Before: Pepper J Decision: Application dismissed Catchwords: APPEAL: appeal against the council's refusal to be satisfied that deferred commencement conditions of a development consent had been complied with - whether the consent had already lapsed - consent was effective but not operative until the deferred commencement conditions were complied with - whether the deferred commencement conditions had been complied with - deferred commencement conditions not complied with - appeal dismissed Legislation Cited: Environmental Planning and Assessment Act 1979 ss 80, 83, 95, 91, 97, Sch 6 cl 111 Environmental Planning and Assessment Regulation 2000, cl 95 Environmental Planning Legislation Amendment Act 2006, Sch 1, s 3, cl 41 Land and Environment Court Act 1979, s 17(d) Rural Fires Act 1997, s 100B Cases Cited: Baulkham Hills Shire Council v Ko-veda Holiday Park Estate Ltd [2009] NSWCA 160; (2009) 167 LGERA 395 Bezzina Developers Pty Ltd v Leichhardt Municipal Council [2006] NSWLEC 175; (2006) 146 LGERA 249 Boral Resources Pty Ltd v Wingecarribee Shire Council [2003] NSWLEC 39; (2003) 124 LGERA 90 Botany Bay City Council v SAAB Corp Pty Ltd [2011] NSWCA 308 CSR Ltd v Fairfield City Council [2001] NSWLEC 221; (2001) 117 LGERA 77 House of Peace Pty Ltd v Bankstown City Council [2000] NSWCA 44; (2000) 48 NSWLR 498 Rich v Lennox Palms Estate Pty Ltd [2010] NSWCA 242 Roberts v Blue Mountains City Council [2005] NSWLEC 699 S J Connelly Pty Ltd v Ballina Shire Council [2010] NSWLEC 151 Westfield Management Limited v Perpetual Trustee Company Limited [2006] NSWCA 245 Wingecarribee Shire Council v Pancho Properties Pty Ltd [2001] NSWCA 271; (2001) 117 LGERA 104 Category: Principal judgment Parties: Mr Ken Roberts (Applicant) Blue Mountains City Council (Respondent) Representation: Mr I J Hemmings (Applicant) Mr T Cork (Solicitor) (Respondent) Coode & Corry Solicitors (Applicant) McPhee Kelshaw Solicitors (Respondent) File Number(s): 10150 of 2011