Settlers Estate Pty Ltd v Penrith City Council

[2021] NSWCA 13

NSW Court of Appeal

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Interrogate

Catchwords

1. Environmental Law
2. › Development consent
3. › Construction certificate
4. › Construction certificate plans forming part of development consent
5. › Whether location of discharge point shown on construction certificate plan was a legal requirement of development consent
6. › Whether breach of s 4.2 of EPA Act
7. › Environmental Planning and Assessment Act 1979 (NSW), ss 4.2, 4.16(12), 6.8
1. Evidence
2. › Judicial notice
3. › Whether angle of drainage line shown on plans was a fact capable of judicial notice
4. › Whether common knowledge
5. › Evidence Act 1995 (NSW), s 144
1. Practice and Procedure
2. › Leave to reopen
3. › Refusal of leave to reopen to tender additional evidence
4. › Whether denial of procedural fairness
5. › Whether incorrect factual or legal assumption
6. › Standard of review of interlocutory decisions on practice and procedure
1. Appeal
2. › Leave to appeal
3. › Interlocutory decisions
4. › Whether substantial injustice
5. › Supreme Court Act 1970 (NSW), s 101(2)(e)

Quick Take

The location of features shown on construction certificate plans, including discharge points defined by reference to physical landscape features, constitutes a legal requirement of the development consent and not merely an indicative notation.