ACM Landmark Pty Limited v Cessnock City Council [2006] NSWLEC 256

Land and Environment Court of New South Wales

CITATION : ACM Landmark Pty Limited v Cessnock City Council [2006] NSWLEC 256

APPLICANT ACM Landmark Pty Limited PARTIES : RESPONDENT Cessnock City Council

FILE NUMBER(S) : 10377 of 2005

CORAM: Preston CJ

Costs :- applicant successful in class 1 appeal against council's refusal of s 96 modification application for the intensification of use of a crematorium - whether fair and reasonable to make costs order in favour of applicant - all expert evidence was in support of the modification application - resident's concerns relating to air quality, health, planning and traffic impacts had no rational evidentiary basis - council acted unreasonably having regard to evidence in maintaining opposition to applicant's appeal - council acted unreasonably in raising over 20 issues, many of which had no evidentiary foundation and were ill conceived - residents' concerns relating to heightened sense of morbidity not raised in the issues articulated by council - non-compliance with Court rules and Pre-hearing Practice Direction for pleading issues - cost order against council in relation to such conduct fair and reasonable. KEY ISSUES: Practice and Procedure:- statement of issues - class 1 appeal against council's refusal of application to modify development consent - residents' evidence called on an issue not raised in statement of issues - other issues raised without reasonable grounds - non-compliance with Court rules and Prehearing Practice Direction for pleading issues - order for costs against the council.