Barr Property and Planning Pty Ltd v Cessnock City Council [2021] NSWLEC 20

Land and Environment Court New South Wales

Medium Neutral Citation: Barr Property and Planning Pty Ltd v Cessnock City Council [2021] NSWLEC 20 Hearing dates: 4 March 2021 Date of orders: 11 March 2021 Decision date: 11 March 2021 Jurisdiction: Class 1 Before: Pepper J Decision: See at [71]. Catchwords: STATUTORY CONSTRUCTION: whether objectors to designated development where consent was refused are entitled to be given notice of the appeal – proper interpretation of phrase "in respect of which the objector has a right of appeal under this Division". JOINDER: whether objector should be joined as a party to the appeal – whether objector able to raise any issue that should be considered but will not likely be sufficiently addressed in the appeal absent joinder – whether joinder is in the interest of justice or is in the public interest – objector joined. Legislation Cited: Civil Procedure Act 2005, s 56 Environment Planning and Assessment Act 1979, ss 8.7, 8.8, 8.12, 8.15 Environmental Planning and Assessment (Savings, Transitional and other Provisions) Regulation 2017, Sch 2, cl 3B(2)(d) Land and Environment Court Act 1979, s 38(2) Uniform Civil Procedure Rules 2005, r 6.24(1) Cases Cited: Avalon Beach Property Pty Limited ACN 609856224 as Trustee for the Avalon Beach Property Trust v Northern Beaches Council [2017] NSWLEC 130; (2017) 227 LGERA 393 Double Bay Marina v Woollahra Municipal Council (1985) 54 LGRA 313 Huajun Investments Pty Ltd v City of Canada Bay Council (No 2) [2018] NSWLEC 194 Hunter Industrial Rental Equipment Pty Ltd v Dungog Shire Council [2019] NSWCA 147; (2019) 241 LGERA 321 Morrison Design Partnership v North Sydney Council [2007] NSWLEC 802; (2007) 159 LGERA 361 Qube Holdings Ltd v Residents Against Intermodal Development Moorebank Inc [2017] NSWCA 250; (2017) 96 NSWLR 80 R v A2; R v Magennis; R v Vaziri [2019] HCA 35; (2020) 373 ALR 214 Stevens Holdings v Newcastle City Council (No 2) [2020] NSWLEC 1287 The Next Generation Pty Ltd v Independent Planning Commission [2020] NSWLEC 70 Yarranabbe Property Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 122 Category: Principal judgment Parties: Black Hill Industrial Pty Ltd (First Applicant) Hunter Land Industrial Pty Ltd (Second Applicant) Stevens Holdings Pty Ltd (Third Applicant) Barr Property and Planning Pty Ltd (First Respondent) Cessnock City Council (Second Respondent) Transport for NSW (Third Respondent) Representation: Counsel: Adrian Galasso SC (Applicants) Craig Leggat SC (First Respondent) Nick Eastman (Second Respondent) Anne Hemmings (Third Respondent)