Cessnock City Council v Laila Investments Pty Ltd [2012] NSWLEC 206

Land and Environment Court New South Wales

Medium Neutral Citation: Cessnock City Council v Laila Investments Pty Ltd [2012] NSWLEC 206 Hearing dates: 21 August 2012 Decision date: 21 August 2012 Jurisdiction: Class 4 Before: Pain J Decision: The Court: 1. Declares that the Occupation Certificate issued under Part 4A of the Environmental Planning and Assessment Act 1979, by the Third Respondent on 22 February 2012 (and reissued on 29 March 2012), in relation to Development Consent 8/2004/596/1 granted on 7 April 2008 for six residential units on land at Branxton NSW, is invalid and of no effect. 2. Orders that the matter of costs be reserved. 3. Notes that the parties are to file any notice of motion seeking costs by Tuesday 11 September 2012. Catchwords: CIVIL ENFORCEMENT - declaration of invalidity of occupation certificate made - failure of private certifier to comply with mandatory provision in Environmental Planning and Assessment Act 1979 Legislation Cited: Environmental Planning and Assessment Act 1979 Pt 4A s 109E, 109J, s 109H, s 124 Interpretation Act 1987 Cases Cited: Northern Residential Pty Ltd v Newcastle City Council [2009] NSWCA 141;(2009) 75 NSWLR 192 Category: Principal judgment Parties: Cessnock City Council (Applicant) Representation: Mr P Jayne (solicitor) (Applicant) Ms B K Nolan (First and Second Respondents) Submitting appearance (Third Respondent) Sparke Helmore Lawyers (Applicant) Markham Geikie Farrugia (First and Second Respondents) DLA Piper (Third Respondent) File Number(s): 40598 of 2012