Recent Cases

Verde Terra Pty Ltd v Central Coast Council [2023] NSWCA 121 (02 June 2023) (Ward P, White and Kirk JJA)


Catchwords:


ENVIRONMENT AND PLANNING – Development application – Where parties settled earlier proceedings relating to breach of terms of development consent by consent orders – Where appellant now seeks to alter designated development without obtaining further development consent – Whether consent orders themselves render development “approved” – Whether consent orders merge in prior development consent so as to render development “approved” – Held that development not “approved”

ENVIRONMENT AND PLANNING – Words and phrases – Approved development – Environmental Planning and Assessment Regulation 2000 (NSW) Sch 3, Pt 2, cl 35

JUDGMENTS AND ORDERS – Classification of orders – Classification of consent orders – Judgments in rem – Judgments in personam – Whether consent orders settling proceedings as to breach of terms of development consent operate in rem for the purpose of rendering development an approved development – Held that consent orders do not give rise to judgment in rem