Complying with Multiple Development Consents on the Same Site

Leda Manorstead Pty Ltd (“Leda”) is the developer of the Cobaki Estate, a major residential development in northeast New South Wales. In December 2010, concept approval was given for the Cobaki Estate project which involves 5500 residential dwellings, a town centre and complementary areas including open spaces and wildlife corridors.

In Secretary, Department of Planning and Environment v Leda Manorstead Pty Ltd(No4)(2019) NSWLEC 58  Leda was charged with three offences at the Land and Environment Court for carrying out bulk earthworks in contravention of its approvals.

The issues for consideration were:

1) Whether the conditions of the project approval affected the operation of certain historic consents purporting to authorise the carrying out of bulk earthworks on the site;

2) Whether Leda contravened the project approval by carrying out bulk earthworks exceeding the 5.59 hectare agreed limit;

3) Whether Leda violated conditions of the project approval by carrying out earthworks outside of the approved areas by removing an earthen mound.

Leda was found guilty of all three offences.

The case provides a reminder of the principles that need to be followed when multiple consents are applying on a particular site. A condition of consent cannot necessarily be ignored on the basis that the works are allowed under another consent that applies for the site

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