STMRCF Pty Ltd v Woollahra Municipal Council [2022] NSWLEC 111

Land and Environment Court New South Wales

Medium Neutral Citation: STMRCF Pty Ltd v Woollahra Municipal Council [2022] NSWLEC 111 Hearing dates: 02 September 2022 Date of orders: 02 September 2022 Decision date: 02 September 2022 Jurisdiction: Class 1 Before: Robson J Decision: See orders at [65] Catchwords: APPEALS — Procedure — Parties on appeal — Joinder — Appeal against Council's deemed refusal of development application for residential flat building — Notice of Motion for Joinder by residents' association — Notice of Motion dismissed Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), ss 4.6, 8.15 Heritage Act 1997 (NSW) Land and Environment Court Act 1979 (NSW), s 39 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development 2002 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 6.24 Woollahra Development Control Plan 2015, cl 2.5.2 Woollahra Local Environmental Plan 2014, cl 4.5 Cases Cited: Barr Property Pty Ltd v Cessnock City Council [2021] NSWLEC 20 Black Hill Residents Group Incorporated v Marist Youth Care Limited (t/as Marist180) [2020] NSWLEC 82 Morrison Design Partnership Pty Limited v North Sydney Council and Director-General of the Department of Planning [2007] NSWLEC 802; (2007) 159 LGERA 361 Suh v Liverpool City Council [2016] NSWLEC 25; (2016) 216 LGERA 84 Category: Procedural rulings Parties: Woollahra Residents' Association Inc (INC2200444) (Applicant for Joinder) STMRCF Pty Ltd (ACN 114492769) (First respondent on the motion) Woollahra Municipal Council (Second respondent on the motion) Representation: Counsel: C R Ireland (Applicant for Joinder) J Farrell (First respondent on the motion) K Mezinec, solicitor (Second respondent on the motion)