Cameron v Woollahra Municipal Council

[2026] NSWLEC 106

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

1. CIVIL ENFORCEMENT — Applicants seeking a declaration that development consent has not lapsed — whether Applicants have satisfied deferred commencement condition by submitting plans before development consent lapsed — whether deferred commencement condition required state of satisfaction to be reached before development consent lapsed — summons dismissed

Where a deferred commencement condition requires the consent authority to be satisfied that submitted plans 'address' specified matters, the condition requires the consent authority to reach a subjective mental state of satisfaction as to the substance of the plans — mere submission or production of the plans within the statutory period is insufficient.
Section 4.53(6)(b) of the EP&A Act operates as a hard deadline: if the consent authority's requisite state of satisfaction under a deferred commencement condition has not been reached before the consent lapses, satisfaction reached after that date cannot cure the lapse.
Clause 95 of the Environmental Planning and Assessment Regulation 2000 is a machinery provision governing the production of evidence and notification; it does not override or extend the lapsing period prescribed by s 4.53(6) of the EP&A Act.