Greg Young v Parramatta City Council

[2008] HCASL 2

GREG YOUNG
v
PARRAMATTA CITY COUNCIL
[2008] HCASL 2
S235/2007

1. The applicant was granted a development consent over a parcel of land pursuant to the State Environmental Planning Policy No 5 – Housing for Older People with a Disability ("SEPP 5").  Before the development the subject of the development consent was carried out, the applicant lodged a development application to subdivide the land pursuant to cl 18 of SEPP 5.  The respondent refused to grant consent to the development application to subdivide and the applicant appealed to the Land and Environment Court of New South Wales (Pain J).  Pain J dismissed the appeal.

2. The New South Wales Court of Appeal (Beazley, Tobias and Basten JJA) dismissed the applicant's appeal against the orders of Pain J on the basis that carrying out the development consent granted pursuant to SEPP 5 was a condition precedent to the grant of consent to a development application to subdivide made pursuant to cl 18 of SEPP 5.

3. The application is brought out of time and the applicant seeks an order under r 41.02.2 of the High Court Rules 2004 dispensing with the requirement to comply with the time limit in r 41.02.1.

4. We see no reason to doubt the conclusions reached in the Court of Appeal.  Any appeal would have insufficient prospects of success.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
6 March 2008 S.M. Crennan