Aesthete No. 9 Pty Limited v Blue Mountains City Council [2022] NSWLEC 1603

Land and Environment Court New South Wales

Medium Neutral Citation: Aesthete No. 9 Pty Limited v Blue Mountains City Council [2022] NSWLEC 1603 Hearing dates: 27 October 2022 Date of orders: 27 October 2022 Decision date: 27 October 2022 Jurisdiction: Class 1 Before: Adam AC Decision: The Court orders: (1) The Notice of Motion dated 28 September 2022 is refused. (2) The matter is to return to Court for a case management conference by AVL on 3 November 2022 at 10am. Catchwords: NOTICE OF MOTION – leave sought to qualify additional expert and admit his report – issue of whether evidence would resolve matter or whether further evidence from other experts would be required Legislation Cited: Biodiversity Conservation Act 2016, s 1.3 Blue Mountains Local Environmental Plan 1991, cll 6.3, 9.3 Blue Mountains Local Environmental Plan 2015 Environmental Planning and Assessment Act 1979, s 4.55 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, ss 100B, 100G Cases Cited: Aesthete No. 9 Pty Ltd v Blue Mountains City Council [2017] NSWLEC 1199 Aesthete No. 9 Pty Ltd v Blue Mountains City Council [2019] NSWLEC 1178 Bailey v Palombo [2020] NSWSC 1209 In the matter of SBL Solutions Pty Ltd (subject to a deed of company arrangement) [2021] NSWSC 1003 R v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13; [1980] HCA 13 Reid v Brett [2005] VSC 18 Smith v NSW Bar Association (1992) 176 CLR 256; [1992] HCA 36 Urban Transport Authority of NSW v Nweiser (1992) 28 NSWLR 471 Texts Cited: Planning for Bush Fire Protection 2006 Category: Procedural rulings Parties: Aesthete No. 9 Pty Limited (Applicant) Blue Mountains City Council (Respondent) Representation: Counsel: F Amirbeaggi (Solicitor) (Applicant) T Cork (Solicitor) (Respondent)