Marina Bay Developments Pty Ltd v Pittwater Council [2007] NSWLEC 853

Land and Environment Court of New South Wales

CITATION : Marina Bay Developments Pty Ltd v Pittwater Council [2007] NSWLEC 853

APPLICANT Marina Bay Developments Pty Ltd PARTIES : RESPONDENT Pittwater Council

FILE NUMBER(S) : 10898 of 2007

CORAM: Bly C

KEY ISSUES: Development Application :- Preliminary question,single party communication,prejudgement of application.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

Bonfoal Pty Limited v Botany Bay City Council, (10417 of 1998); CASES CITED: Australian National Securities Limited v Spedlee Securities Limited & Ors 1992 26 NSWLR 411; Re JRL; Ex parte CJL

DATES OF HEARING: 18/12/2007

EX TEMPORE JUDGMENT DATE : 18 December 2007

APPLICANT Mr A. Galasso, SC Instructed by Mr T. Flaherty of Wilshire Webb LEGAL REPRESENTATIVES:

RESPONDENT Mr C. McEwen, SC and Mr A. Pickles Barrister Instructed by Mr J. Brown of Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

18 December 2007

10898 of 2007 Marina Bay Developments Pty Ltd v Pittwater Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 The Chief Judge has allocated to me the matter of Marina Bay Developments Pty Limited and Pittwater Council, (File No. 10898 of 2007), listed to commence on-site at 9.30am on 18 December 2007. The appeal, under the Environmental Planning and Assessment Act 1979, involves the Pittwater Council's refusal of a development application for a residential development at Bayview on the shores of Pittwater.