Elite Construction NSW Pty Limited v Coffs Harbour City Council [2018] NSWLEC 201

Land and Environment Court New South Wales

Medium Neutral Citation: Elite Construction NSW Pty Limited v Coffs Harbour City Council [2018] NSWLEC 201 Hearing dates: 9 October and 2 November (further written submissions) 2018 Date of orders: 14 December 2018 Decision date: 14 December 2018 Jurisdiction: Class 1 Before: Pepper J Decision: The separate question is answered in the negative. The concept approval has not lapsed. Catchwords: SEPARATE QUESTION: whether a concept approval had lapsed – whether works physically commenced under a complying development certificate sufficient to avoid lapsing – whether the works breached the concept approval and were therefore unlawful – whether complying development certificate was a "related application" for the purposes of the concept approval – meaning of "related application" – concept approval not lapsed. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4, 75J, 75O, 75P, 75R, 75Y, 80, 81A, 85, 85A, 86, 95(4), Pt 3A

Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017, cl 3B of Sch 2

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

Coffs Harbour Local Environmental Plan 2013 Cases Cited: Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd (No 3) [2015] NSWLEC 75

Besmaw Pty Limited v Sutherland Shire Council [2003] NSWLEC 181; (2003) 127 LGERA 413

Coffs Harbour City Council v The Minister for Planning and Infrastructure [2013] NSWCA 44; (2013) 193 LGERA 203

Cumberland Council v Cando Management and Maintenance Pty Ltd [2018] NSWLEC 83