Pyramid Consulting Pty Ltd v Georges River Council [2022] NSWLEC 141

Land and Environment Court New South Wales

Medium Neutral Citation: Pyramid Consulting Pty Ltd v Georges River Council [2022] NSWLEC 141 Hearing dates: 17 November 2022 Date of orders: 17 November 2022 Decision date: 17 November 2022 Jurisdiction: Class 1 Before: Preston CJ Decision: The Court orders: (1) The notice of motion filed 28 October 2022 is dismissed. (2) The conciliation conference listed for 18 November 2022 is vacated. (3) A conciliation conference is listed for 10 February 2023. (4) The appeal is listed for hearing for three days on 19 to 21 April 2023. (5) The parties are to confer and, if possible, agree and file, by 2 December 2022, a statement of facts regarding the development's compliance with the requirements of the Housing SEPP. (6) The respondent is directed to file and serve an amended statement of facts and contentions by 22 December 2022. (7) The applicant is directed to file and serve a reply to the amended statement of facts and contentions (if any) by 3 February 2023. Catchwords: PRACTICE AND PROCEDURE – application for separate question – appeal against refusal of a development application for a boarding house – separate question concerning whether the repealed or current housing State environmental planning policy applies to the development application – determining question separately from other issues not justified – separate identification of relevant matter of environmental planning instrument to be considered in determining development application not appropriate – parties' and objectors' evidence and cases should only address development application on appeal, not potential amended application – adjudication of separate question not just, quick or cheap. Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), ss 4.12, 4.15, 8.7 Environmental Planning and Assessment Regulation 2000 (NSW), cl 50 Environmental Planning and Assessment Regulation 2021 (NSW), s 37 Land and Environment Court Act 1979 (NSW), s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Housing) 2021 Uniform Civil Procedure Rules 2005 (NSW), r 28.2 Cases Cited: Commitment Pty Ltd v Georges River Council (No 2) [2022] NSWLEC 94 Lawson v Minister for Environment and Water (South Australia) and the State of New South Wales [2022] NSWLEC 50 Category: Principal judgment Parties: Pyramid Consulting Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: Mr T To (Applicant) Ms L Sims (Respondent)