Coalcliff Community Association Inc v Minister for Urban Affairs and Planning

The Coalcliff Community Association Inc. appealed to the Court of Appeal of New South Wales against orders made by the Land and Environment Court. The dispute concerned whether a development consent granted in 1983 had lapsed under section 99 of the *Environmental Planning and Assessment Act 1979* (NSW) and whether a subsequent modification of that consent was valid. The primary respondents were the Minister for Urban Affairs and Planning and the local council, with Kembla, the developer, also involved.

The central legal issues before the Court of Appeal were whether the development consent had lapsed by virtue of section 99 of the Act, and if so, whether the Land and Environment Court had erred in exercising its discretion by refusing to grant declaratory relief to that effect. Further, the court considered whether a modification of the development consent by the council was a nullity and whether Kembla had breached specific conditions of the original consent.

The Court of Appeal found that the development consent had indeed lapsed pursuant to section 99 of the *Environmental Planning and Assessment Act 1979*. The court reasoned that the Land and Environment Court had erred in its discretionary assessment by refusing to grant the declaratory relief sought by the appellant. Consequently, the Court of Appeal upheld the appeal, setting aside certain orders of the Land and Environment Court and making declarations that the development consent had lapsed, that Kembla had breached specified conditions of the consent, and that the modification of the consent by the council was a nullity. The respondents were ordered to pay the appellant's costs.