Friends of Gardiner Park Inc v Bayside Council [2022] NSWLEC 22

Land and Environment Court New South Wales

Medium Neutral Citation: Friends of Gardiner Park Inc v Bayside Council [2022] NSWLEC 22 Hearing dates: 10-11 March 2022 Date of orders: 22 March 2022 Decision date: 22 March 2022 Jurisdiction: Class 4 Before: Preston CJ Decision: The Court orders: (1) The further amended summons filed 29 April 2021 is dismissed. (2) The respondent is to file and serve any evidence and written submissions on costs by 5 April 2022. (3) The applicant is to file and serve any evidence and written submissions on costs by 19 April 2022. (4) If either party seeks an oral hearing on the question of costs, the party is to request an oral hearing in its written submissions filed under (2) or (3). (5) The parties have liberty to restore the matter for directions on 2 days' notice. Catchwords: JUDICIAL REVIEW – determinations to upgrade sports fields in heritage-listed park – whether development consent required – consent required for demolition of a building or heritage item – whether "demolition" – development for purpose of recreation area may be carried out without consent – whether development for that purpose – duty to assess environmental impact of activity – assessment of heritage impacts – whether miscarried – modification of activity – whether assessment of modified activity or only modifications Legislation Cited: Environmental Planning and Assessment Act 1979, Part 4, Part 5, ss 4.2, 5.4, 5.5, 5.7 Rockdale Local Environment Plan 2011 cll 2.7, 5.10 State Environmental Planning Policy (Infrastructure) 2007 cll 65, 111 Cases Cited: Chamwell Pty Ltd v Strathfield Council (2007) 151 LGERA 400; [2007] NSWLEC 114 Hakea Holdings Pty Ltd v Louisiana Properties Pty Ltd (2018) 98 NSWLR 439; [2018] NSWCA 240 Palm Beach Protection Group v Northern Beaches Council [2020] NSWLEC 156 Jean-Francois Clin v Water Lilly & Co Ltd [2021] JPL 1210; [2021] EWCA Civ 136 Category: Principal judgment Parties: Friends of Gardiner Park Inc (Applicant) Bayside Council (Respondent) Polytan Asia Pacific Pty Ltd t/as Polytan (Second Respondent) Representation: Counsel: Mr T Poisel (Applicant) Mr A Galasso SC; M Astill (First Respondent) Submitting appearance (Second Respondent)