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ARTICLE · 24 MARCH 2018

NSW Government Bulletin - 20 March 2018 - Part 1: Development consent invalid

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The City Council failed to consider relevant matters when determining to grant consent to the development application.

AustraliaGovernment, Public Sector
Christine Jones
Christine Jones
Georgia Appleby
Georgia Appleby
Christopher Aaron Yong
Christopher Aaron Yong
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A development application, the coastal seawall and considering relevant factors

In Platford v van Veenendaal and Shoalhaven City Council [2018] NSWLEC 27, the Land and Environment Court of New South Wales declared Shoalhaven City Council's (the Council) decision to grant development consent for a 'boathouse arm' to be invalid. The neighbouring owner was successful in establishing that the Council failed to consider relevant matters when determining to grant consent to the development application.

Relevant law

Section 55M(1) of the Coastal Protection Act 1979 (NSW) states that consent to undertake coastal protection works should not be granted unless the Council is satisfied that:

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