Burwood Council v Ralan Burwood Pty Ltd (No 3) [2014] NSWCA 404

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Burwood Council v Ralan Burwood Pty Ltd (No 3) [2014] NSWCA 404 Hearing dates: 14, 15, 16 October 2014 Decision date: 27 November 2014 Before: McColl JA at [1]; Barrett JA at [2]; Sackville AJA at [3] Decision: 1. Subject to the orders made on 6 June 2014, the motion filed by the first respondent (Ralan) on 3 April 2014 be dismissed. 2. The appeal be dismissed. 3. The appellant (the Council) pay Ralan's costs of the appeal, including Ralan's costs thrown away by reason of the vacation of the hearing on 9 April 2014 and the costs of the motions filed by Ralan on 3 April 2014 and by the Council on 28 May 2014. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ENVIRONMENT AND PLANNING - validity of construction certificates - primary judge erred in finding that construction certificates were not inconsistent with development consent - whether finding of inconsistency would render construction certificates invalid - scope and purpose of statutory regime construed as a whole does not require a finding of invalidity where construction certificates found to be inconsistent with development consent

ENVIRONMENT AND PLANNING - where construction certificates found to be inconsistent with development consent - whether development was carried out otherwise than in accordance with the development consent - application of s 80(12) of the Environmental Planning and Assessment Act - construction certificates deemed to form part of development consent