Proving Commencement of Works to keep DA alive

Hello all - are there any property lawyers out there that can help with this query?

I have proved through the issuing of new titles (essential energy acquired some of my land to put in powerlines) and can prove powerlines were moved from my block during the DA period. The council aren’t denying this work took place, but are denying the commencement of works, as they say there is no proof that this work was done as a result of the DA, not just done coincidentally.

Do you have to prove physical commencement - and the fact it was done as a result of the DA, or can you just prove the physical commencement of works as required by the DA?

The legislation states;

Under sections 95(4) and (5) of the Environmental Planning Assessment Act, which provide that a development consent for the erection of a building, or the subdivision of land, or the carrying out of a work: “does not lapse if building, or the subdivision of land (land subdivided), or the carrying out of a work is physically commenced (powerlines moved) on the property”.

Appreciate any assistance with this matter.

 

@jaytee - It's a long shot to say that some land which was compulsorily acquired & is no longer your land can be considered to have been part of substantial commencement.

If the Authority acquired your land, then it is excised from your DA. Had the work been done prior to the notification by the Authority, then you might have stood a chance. Did you add the words "

"?

 

@Scott No Mates thanks mate - the land was not acquired under Essential Energy's (EE) compulsorily powers. the upgrade was a part of the upgrade for the area, however, it was negotiated between the previous developer and EE that EE could have the land for a nominal fee of $1 (in place of a valuation determined by the AG's department) if they moved it in the corner of the block in support of the DA. I have a letter from EE outlining this, but council firstly said no, and are now taking forever to get back to me.. I'm not sure how they can deny this...