Exploring planning, environment, and local government law issues in New South Wales
In the recent case of Corbett Constructions Pty Ltd v Wollondilly Shire Council, the New South Wales Land and Environment Court considered what date a development application was taken to be refused – that is, the date of deemed refusal.
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How does the legal classification of development impact on the approval process?
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A condition of consent may be valid or invalid. Understanding the requirements for a valid condition of consent is important – an invalid condition can jeopardise an entire development consent.
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A strict interpretation of development consents could lead to absurd consequences – and the Land and Environment Court knows it.
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Council’s will often impose conditions on a development consent that require a developer to provide monetary or infrastructure contributions – but can these conditions be legally imposed?
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The Development Site 