Chapman v Woollahra Municipal Council [2020] NSWLEC 160

Land and Environment Court New South Wales

Medium Neutral Citation: Chapman v Woollahra Municipal Council [2020] NSWLEC 160 Hearing dates: 6 November 2020 Date of orders: 6 November 2020 Decision date: 06 November 2020 Jurisdiction: Class 1 Before: Moore J Decision: See [45] to [47] Catchwords: JOINDER - application by community group to be joined as Second Respondent to Class 1 appeal prior to holding of conciliation conference - joinder applicant seeks to raise three jurisdictional matters and two merit matters - merit matters adequately addressed by conventional pre-conciliation objector submission process - jurisdictional complaints not embraced by Council - merit matters do not warrant joinder - jurisdictional matters cumulatively warrant joinder - community group joined as Second Respondent Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.15(2) Woollahra Local Environmental Plan 2014, cll 4.4, 4.6, 6.1, Sch 1 Pt 2 cl 7(1)(a) Interpretation Act 1987, s 36(1) Land and Environment Court Act 1979, s 39(6) Cases Cited: Crescent Newcastle Pty Limited v Newcastle City Council [2020] NSWLEC 88 Morrison Design Partnership Pty Limited v North Sydney Council and Another (2007) 159 LGERA 361; [2007] NSWLEC 802 Suh v Liverpool City Council (2016) 216 LGERA 84; [2016] NSWLEC 25 Yarranabbe Property Pty Limited v Woollahra Municipal Council [2020] NSWLEC 122 Category: Procedural and other rulings Parties: Richard Chapman (Applicant) Woollahra Municipal Council (Respondent) Lower Ocean Avenue Double Bay Concerned Residents Association Incorporated (Applicant for Joinder) Representation: Counsel: Mr R O'Gorman-Hughes, barrister (Applicant) Mr M Hanna, solicitor (Respondent) Ms L Nurpuri, barrister (Applicant for Joinder)