South East Forest Rescue Inc v Allied Natural Wood Enterprises Pty Ltd [2021] NSWLEC 124

Land and Environment Court New South Wales

Medium Neutral Citation: South East Forest Rescue Inc v Allied Natural Wood Enterprises Pty Ltd [2021] NSWLEC 124 Hearing dates: 15 October and 1 November 2021 Date of orders: 15 October and 1 November 2021 Decision date: 11 November 2021 Jurisdiction: Class 4 Before: Moore J Decision: See orders at [74] and [75] Catchwords: JUDICIAL REVIEW - first determination of development application declared invalid - consent authority makes second determination of development application - second determination of development application challenged - works proposed by development application substantially completed at time of second determination - application for declaration that second determination invalidly made - submitting appearances except as to costs by development applicant and by consent authority - consent authority had no power to make second determination - second determination declared invalid - development proponent restrained from relying on second determination COSTS - order sought by Applicant that consent authority and development applicant be jointly liable for costs of judicial review proceedings - consent authority agrees to costs on this basis - development applicant proposes that consent authority solely be responsible for costs of other parties - separate costs hearing held - consent authority to pay costs of Applicant and development applicant Cases Cited: Cutcliffe v Lithgow City Council (2006) 147 LGERA 330; [2006] NSWLEC 463 Dincel Construction System Pty Ltd v Penrith City Council [2021] NSWCA 133 Ku-ring-gai Council v Buyozo Pty Ltd [2021] NSWCA 177 Platford v van Veenendaal and Shoalhaven City Council (No 2) [2018] NSWLEC 86 Reulie Land Co Pty Limited v Lee Environmental Planning Pty Limited and Ors (No 2) [2020] NSWLEC 49 Signorelli Investments Pty Ltd v Sutherland Shire Council (2001) 114 LGERA 27; [2001] NSWLEC 78 South East Forest Rescue Inc v Allied Natural Wood Exports Pty Ltd and Anor [2021] NSWLEC 89 Category: Principal judgment Parties: South East Forest Rescue Inc (Applicant) Allied Natural Wood Enterprises Pty Ltd (First Respondent) Bega Valley Shire Council (Second Respondent) Representation: Counsel: Mr J Lazarus SC/Ms L Sims, barrister (Applicant) Dr S Berveling, barrister, on costs only (First Respondent - submitting appearance save as to costs) Mr M McMahon, solicitor, on costs only (Second Respondent - submitting appearance save as to costs)