Csillag v Woollahra Council (No 2) [2012] NSWLEC 135

Land and Environment Court New South Wales

Medium Neutral Citation: Csillag v Woollahra Council (No 2) [2012] NSWLEC 135 Hearing dates: 1 June 2012 Decision date: 01 June 2012 Jurisdiction: Class 4 Before: Craig J Decision: 1. Declare that the terms specified under s 25B(2) of the Land and Environment Court Act 1979 as set out in paragraphs (a) to (e) of Order 1 made by the Court on 25 February 2011 have been complied with. 2. Declare that development consent no. 256/2008/1 granted by Woollahra Municipal Council on 6 July 2009 was validly regranted on 4 May 2012. 3. Declare that the development consent 256/2008/1 granted by Woollahra Council on 6 July 2009 which was suspended in accordance with s 25B(1)(a) of the Land and Environment Court Act 1979 by Order 1 made by the Court on 21 February 2011 has been revoked. 4. Revoke Order 1 made by the Court on 21 February 2011 which suspended development consent no. 256/2008/1 granted by Woollahra Council on 8 July 2009. 5. By consent order that the first respondent pay the costs of the applicants in the agreed sum of $28,000, such costs to include the costs ordered to be paid on 21 February 2011. 6. Exhibits may be returned. Catchwords: ENVIRONMENT AND PLANNING - operation of development consent suspended under s 25B(1)(a) of the Land and Environment Court Act 1979 ("the Court Act") - order made under s 25B(1)(b) of the Court Act for further steps to be taken to validate consent - substantial compliance with steps ordered to be taken - consent with alterations regranted by Council in accordance with s 103 of the Environmental Planning and Assessment Act 1979 - declaration made pursuant to s 25C(2) of the Court Act Legislation Cited: Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979 Cases Cited: Csillag v Woollahra Council [2011] NSWLEC 17 Kindimindi Investments Pty Ltd v Lane Cove Council [2007] NSWCA 38; (2007) 150 LGERA 333 Category: Consequential orders Parties: Lila Csillag (First applicant) Andrew James Csillag (Second applicant)