Northern Residential Pty Ltd v Newcastle City Council

Northern Residential Pty Ltd (the appellant) sought development consent for a subdivision of land. The dispute concerned whether the subdivision works had been carried out in accordance with the requirements of the *Environmental Planning and Assessment Act 1979* (NSW) and the relevant development consent, specifically regarding inspections of stages of the subdivision works. The matter came before the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether section 109E(3) of the *Environmental Planning and Assessment Act 1979* had been breached, and consequently, whether the subdivision certificates issued were invalid. This involved determining whether inspections of subdivision works were required to be carried out by the principal certifying authority, and if inspections conducted by a person other than a certifying authority rendered the subsequent subdivision certificates invalid. The Court also considered the exercise of discretion in relation to these matters.

The Court of Appeal found that section 109E(3) of the Act did not mandate that inspections be carried out by the principal certifying authority. Rather, it required that the works be inspected by a certifying authority. The Court reasoned that the purpose of the section was to ensure that works were inspected by a competent person, and that this purpose was satisfied even if the inspections were not conducted by the principal certifying authority. Therefore, the subdivision certificates were not rendered invalid by the fact that inspections were carried out by a person other than the principal certifying authority. The Court allowed the appeal, set aside the orders below, and dismissed the proceedings with costs.