Nirimba Developments Pty Limited v Blacktown City Council and Anor [2007] NSWLEC 315

Land and Environment Court of New South Wales

CITATION : Nirimba Developments Pty Limited v Blacktown City Council and Anor [2007] NSWLEC 315 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Nirimba Developments Pty Limited PARTIES : RESPONDENT Blacktown City Council and Anor

FILE NUMBER(S) : 10989 of 2006

CORAM: Bly C

KEY ISSUES: Development Application :- Notice of Motion - apprehension of bias

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

CASES CITED: Livesey v NSW Bar Association (1983) 151 CLR 288.; Preferred Projects v Warringah Council (1999) NSWLEC 283

DATES OF HEARING: 8/05/2007

EX TEMPORE JUDGMENT DATE : 8 May 2007

APPLICANT Mr A. Johnson, solicitor

LEGAL REPRESENTATIVES: SECOND RESPONDENT Mr T. Hale, SC Instructed by Mr D. Brigden of Holding Redlich

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

T A Bly

8 May 2007

10989 of 2006 Nirimba Developments Pty Limited v Blacktown City Council and Anor This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 On 23 October 2006, proceedings were commenced before me in relation to appeal No 10063 of 2006 ("the first appeal") involving a development application for a residential flat building at Quakers Hill. When that matter commenced there were discussions in relation to the use of a right of way to provide access to that residential flat building and as a result of those considerations the applicant decided to invite the court to consider a second application for the use of the right of way, that being appeal No 10989 of 2006 ("the second appeal").