Ryan v Northern Regional Planning Panel (No 6) [2021] NSWLEC 80

Land and Environment Court New South Wales

Medium Neutral Citation: Ryan v Northern Regional Planning Panel (No 6) [2021] NSWLEC 80 Hearing dates: 30 June 2021 Decision date: 29 July 2021 Jurisdiction: Class 4 Before: Pain J Decision: See [36]-[38] of judgment Catchwords: PROCEDURE – notice of motion seeking leave to rely on engineering and other evidence pursuant to Uniform Civil Procedure Rules 2005 r 31.19 to prepare scoping study for reinstatement of partially developed site PROCEDURE – order for access to site for experts sought pursuant to Uniform Civil Procedure Rules 2005 r 23.8(1) Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) s 9.46, former s 124 Evidence Act 1995 (NSW) s 169 Local Government Act 1993 (NSW) Ch 7 Pt 2 National Parks and Wildlife Act 1974 (NSW) Pt 6 Uniform Civil Procedure Rules 2005 (NSW) rr 23.8, 23.19, 31.19 Cases Cited: Oshlack v Iron Gates Pty Ltd BC9705319 (Land and Environment Court (NSW), 4 July 1997, unrep) Ryan v Northern Regional Planning Panel (No 4) [2020] NSWLEC 55 Shellharbour City Council v Minister for Planning (2011) 189 LGERA 348; [2011] NSWCA 195 Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335 Texts Cited: NSW Department of Planning, Industry and Environment, Aboriginal cultural heritage consultation requirements for proponents 2010 (1 April 2010) Category: Procedural rulings Parties: Michael Ryan (Applicant) Northern Regional Planning Panel (First Respondent) Lismore City Council (Second Respondent) Winten (No 12) Pty Ltd (Third Respondent) W A Sexton (Fourth Respondent) Glorbill Pty Ltd (Fifth Respondent) Representation: COUNSEL: A Oshlack, agent (Applicant) N/A (First Respondent) N/A (Second Respondent) R Beasley SC (Third Respondent) N/A (Fourth Respondent) N/A (Fifth Respondent)