Savellis v Sutherland Shire Council [2018] NSWLEC 100

Land and Environment Court New South Wales

Medium Neutral Citation: Savellis v Sutherland Shire Council [2018] NSWLEC 100 Hearing dates: 18 June 2018 Date of orders: 18 June 2018 Decision date: 18 June 2018 Jurisdiction: Class 1 Before: Preston CJ Decision: The Court orders: (1) The appeal is dismissed. (2) The respondent is to pay to the applicants the filing fees incurred by the applicants in commencing the appeal. Catchwords: APPEAL – appeal against Council's decision on deferred commencement condition – whether deferred commencement consent has lapsed – Council purported to modify consent to extend time period for satisfaction of deferred commencement condition – purported modification legally ineffective – application failed to satisfy deferred commencement condition within original specified time period – deferred commencement consent has lapsed Legislation Cited: Environmental Planning and Assessment Act 1979 ss 28(2), 80(3), 81(1), 83, 95, 95A, 96 Environmental Planning and Assessment Regulation 2000 cl 95(3) Sutherland Shire Local Environmental Plan 2015 Cases Cited: Hilltop Planners Pty Limited v Great Lakes Council (2003) 127 LGERA 333; [2003] NSWLEC 214 Kinder Investments Pty Limited v Sydney City Council (2005) 143 LGERA 237; [2005] NSWLEC 737 Reid's Farm Pty Ltd v Murray Shire Council (2010) 182 LGERA1; [2010] NSWLEC 127 Category: Principal judgment Parties: Mr Sam Savellis (First Applicant) Mrs Vicky Savellis (Second Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: Mr S Nash (Respondent)