Key Takeaways
- This decision clarifies the circumstances surrounding the
lapsing of development consents.
- The case highlights the importance of the wording in each
unique development consent.
- Development consents may not lapse in the context of staged
developments where the work required is contemplated to be done at
a later date.
The recent decision in Donvito v Hawkesbury City
Council [2022] NSWLEC 26 gives a key insight as to what
circumstances will result in consent for staged developments
lapsing. The Applicants sought a declaration from the Court that
their development consent had not lapsed.
Background
The facts involved the Applicants, Mr and Ms Donvito, applying
to Hawkesbury City Council (the Council) for development consent in
June 2012 to construct a boarding house in part of an industrial
premises located in South Windsor. The proposed development was
subsequently approved in July 2013.
