Hanna v Council of the City of Ryde [2011] NSWLEC 74

Land and Environment Court New South Wales

Medium Neutral Citation: Hanna v Council of the City of Ryde [2011] NSWLEC 74 Hearing dates: 18, 21 April 2011 Decision date: 21 April 2011 Before: Craig J Decision: 1. The Council's notice of motion dated 15 March 2011 is dismissed. 2. The Council must pay the applicants' costs of the motion. Catchwords: PROCEDURE:- Abuse of process - motion to dismiss development appeal - two prior appeals dismissed - present development application made under State Environmental Planning Policy (Affordable Rental Housing) - application so founded not previously made or considered - material change from prior applications not an abuse of process - Uniform Civil Procedure Rules 2005, r 13.4 Legislation Cited: City of Ryde Development Control Plan 2010 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Uniform Civil Procedure Rules 2005, r 13.4 Russo v Kogarah Municipal Council [1999] NSWCA 302; (1999) 105 LGERA 290 Ryde Local Environmental Plan 2010 Ryde Planning Scheme Ordinance and Ryde Development Control Plan 2006 Ryde Planning Scheme Ordinance State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: Edwards v The Hills Shire Council [2009] NSWLEC 187 Hanna v Council of the City of Ryde [2010] NSWLEC 1103 Hanna v Council of the City of Ryde [2010] NSWCLEC 1094 Nikolaidas v Pittwater Council [2009] NSWLEC 227; (2009) 171 LGERA 104 Rippon v Chilcotin Pty Ltd [2001] NSWCA 142; (2001) 53 NSWLR 198 Rogers v The Queen [1994] HCA 42; (1994) 181 CLR 251 Williams v Spautz [1992] HCA 34; (1992) 174 CLR 509 at 529 Willis v City of Ryde Council [2009] NSWLEC 1103 Young v Parramatta City Council [2002] NSWLEC 176 Category: Procedural and other rulings Parties: John and Sarah Hanna (Applicants) Council of the City of Ryde (Respondent) Representation: Mr D P Williams (Solicitor) (Applicant) (Respondent in this mention) Mr M Mantei (Solicitor) (Respondent) (Applicant in this mention) Planning Law Solutions Pty Ltd (Applicant) Whitehead Cooper Williams (Respondent) File Number(s): 10149 of 2011