Sardi v Central Coast Council [2020] NSWLEC 1348

Land and Environment Court New South Wales

Medium Neutral Citation: Sardi v Central Coast Council [2020] NSWLEC 1348 Hearing dates: 04 August 2020 Date of orders: 04 August 2020 Decision date: 04 August 2020 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The Respondent application made by way of notice of motion to further amend its SOFAC is granted, save for the material contained within paragraph 99 of its further amended SOFAC, which were annexed to its notice of motion, and which are not read. (2) The dates of 3 and 4 August 2020, which the Court had set down for hearing of the appeal concerning the Respondent's refusal of the Applicant's DA 53997/2018, are vacated. (3) The Parties are directed to appear before the Registrar on Wednesday 5 August 2020 for further directions in the appeal. Catchwords: NOTICE OF MOTION – application to amend Respondent's statement of facts and contentions – vacation of hearing dates – procedural fairness to Applicant – late identification of potentially contaminated material on subject site Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 55—Remediation of Land Category: Procedural and other rulings Parties: Sandro Sardi (Applicant) Central Coast Council (Respondent) Representation: Counsel: J McKelvey (Applicant) H Irish (Respondent)

Solicitors: McKees Legal Solutions (Applicant) McCullough Robertson Lawyers (Respondent) File Number(s): 2019/280616 Publication restriction: No