27 February 2007 - Ordinary Meeting of Council (pdf. 14MB)

Ordinary Meeting of Council - 27 February 2007 6 / 2
Item 6
S02466
6 February 2007
PURPOSE OF REPORT
To provide information in relation to proceedings to which Council is a party in the Land &
Environment Court for the quarter ended 31 December 2006, including appeals commenced, costs
incurred by Council and outcomes.
BACKGROUND
Pursuant to the Environmental Planning and Assessment Act 1979, an applicant may commence
proceedings in the Land and Environment Court in respect of an application for which Council was
the relevant consent authority and which has either been refused by Council or is deemed by the Act
to have been refused (a development application is deemed to have been refused if it has not been
determined within a period of 40 days or such longer period that may be calculated in accordance
with the Act). An appeal may also be commenced in relation to conditions imposed in relation to
consent granted by Council. Council is a respondent to such proceedings.
Under Section 428 of the Local Government Act 1993, Council is required to report legal costs, and
the outcome of each case in its Annual Report.
COMMENTS
APPEALS LODGED
In the half year ended 31 December 2006, there were 31 new appeals lodged in respect of
development applications with the Land and Environment Court, 9 of which incurred costs to
Council. This represents a decrease in the number of appeals compared to previous years. The
number of appeals received in prior years is as follows:
Financial year
Number of appeals received (whole year)
2002/2003 76
2003/2004 128
2004/2005 135
2005/2006 71
2006/2007@ 31 December 31
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