Regional Architects Pty Ltd v Coffs Harbour City Council [2021] NSWLEC 29

Land and Environment Court New South Wales

Medium Neutral Citation: Regional Architects Pty Ltd v Coffs Harbour City Council [2021] NSWLEC 29 Hearing dates: 8, 16 February 2021 Date of orders: 7 April 2021 Decision date: 07 April 2021 Jurisdiction: Class 1 Before: Pain J Decision: (1) Pursuant to the Council's notice of motion dated 28 September 2020 the Applicant is to pay three quarters of the Council's costs incurred in the proceedings as agreed or assessed. (2) The Applicant is to pay the Council's costs of this costs application. (3) The exhibits are returned. Catchwords: COSTS – exercise of discretion to award costs in Class 1 proceedings under r 3.7 of Land and Environment Court Rules 2007 (NSW) Legislation Cited: Biodiversity Conservation Act 2016 (NSW) s 7.3 Coffs Harbour Development Control Plan 2015 Coffs Harbour Local Environmental Plan 2012 cl 7.1 Coffs Harbour Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 (NSW) s 8.15, former ss 5A, 149 Environmental Planning and Assessment Regulation 2000 (NSW) Sch 1 Land and Environment Court Act 1979 (NSW) s 34 Land and Environment Court Rules 2007 (NSW) Pt 3 (r 3.7) Land and Environment Court Rules 1996 (NSW) Pt 16 (r 4(2)) Rural Fires Act 1997 (NSW) s 110B Threatened Species Conservation Act 1995 (NSW) Uniform Civil Procedure Rules 2005 (NSW) r 42.19 Cases Cited: Aldi Foods Pty Ltd v Holroyd City Council (2005) 142 LGERA 141; [2005] NSWLEC 338 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Marinkovic v Rockdale City Council (2007) 151 LGERA 385; [2007] NSWLEC 71 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Ross v Lane Cove Council [2013] NSWLEC 109 Statewide Planning Pty Ltd v Penrith City Council (No 3) [2018] NSWLEC 109 Texts Cited: Coffs Harbour City Koala Plan of Management 1999 Land and Environment Court Practice Note Class 1 Development Appeals Category: Costs Parties: Regional Architects Pty Ltd (Applicant) Coffs Harbour City Council (Respondent) Representation: COUNSEL: C McEwen SC and D Stevens, director (Applicant) D Le Breton, solicitor (Respondent)