Pyramid Pacific Pty Limited v Ku-ring-gai Council [2006] NSWLEC 522

Land and Environment Court of New South Wales

CITATION : Pyramid Pacific Pty Limited v Ku-ring-gai Council [2006] NSWLEC 522

APPLICANT Pyramid Pacific Pty Limited PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 11068 of 2005

CORAM: Preston CJ

Costs :- planning appeal - whether fair and reasonable to order costs against unsuccessful council - conduct of council - court appointed expert (CAE) on planning - CAE raised concerns consistent with Council's issues - applicant amended development in response - CAE's concerns and amendment of development validated Council's issues - CAE ultimately concluded consent should be granted - Council submitted Court should draw different conclusions to CAE - no necessity for Council to call own expert to give evidence contradicting CAE and to mirror Council's submissions - Lay evidence of residents - relevant to Council's issues of character of area and impact of development on character and neighbouring development - residents entitled to give evidence on these issues - Council entitled to rely on residents' evidence in submissions - no order for costs made KEY ISSUES: Evidence :- expert evidence - planning appeal - use of expert evidence - expert evidence does not preclude or render meaningless lay evidence on appropriate issues - Court's duty is to consider all evidence, expert and lay, on relevant issues - expert opinion on ultimate issue of whether consent should be granted of no assistance to Court - Court's duty is to consider and weigh all relevant matters - one expert's opinion relates to only one or some of the matters - of more assistance are expert's intermediate opinions on each matter within expertise together with the factual foundation and reasoning process for those opinions