Newcastle Muslim Association v Newcastle City Council [2012] NSWLEC 13

Land and Environment Court New South Wales

Medium Neutral Citation: Newcastle Muslim Association v Newcastle City Council [2012] NSWLEC 13 Hearing dates: 7 February 2012 Decision date: 07 February 2012 Jurisdiction: Class 1 Before: Sheahan J Decision: (1) The Notice of Motion filed by the intervenor on 1 February 2012 is dismissed. (2) I make no order as to costs on the motion. (3) I make, by consent, the directions in the Short Minutes of Order filed in court today, which I have initialled and placed with the papers. Catchwords: PRACTICE AND PROCEDURE: Application for a "Double Bay Marina Order" - Principles to apply. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Newcastle Local Environmental Plan 2003 Cases Cited: Ali v Liverpool City Council [2009] NSWLEC 107 Ashton Coal Operations Pty Ltd v Director General, Department of Environment, Climate Change and Water (No 2) [2011] NSWLEC 116 Azzure-Blacktown Pty Limited v Blacktown City Council [2009] NSWLEC 63 Bongiorno Hawkins Frassetto & Associates Pty Ltd v Griffith City Council [2007] NSWLEC 205 Council of the City of Sydney v Oaks Hotels & Resorts (NSW) No.2 Pty Ltd (No 2 re Harmony) [2011] NSWLEC 234 Council of the City of Sydney v Oaks Hotels and Resorts (NSW) No.2 Pty Limited (No 2 re Maestri) [2011] NSWLEC 235 Double Bay Marina Pty Ltd v Woollahra Municipal Council (1985) 54 LGRA 313 Freshwater Village Developments v Warringah Council [2011] NSWLEC 5 Kavia Holdings Pty Ltd v Sydney City Council [2003] NSWLEC 195, (2003) 127 LGERA 293 Meriton Apartments Pty Ltd v Fairfield City Council (No 2) [2005] NSWLEC 121 Michael Suttor Pty Ltd t/as Michael Suttor Architects v Woollahra Municipal Council [2009] NSWLEC 148, (2009) 169 LGERA 29 Morrison Design Partnership Pty Ltd v North Sydney Council [2007] NSWLEC 802, (2007) 159 LGERA 361 Category: Procedural and other rulings Parties: Newcastle Muslim Association (Applicant) Newcastle City Council (Respondent) Elermore Vale Community for Appropriate Residential and Environmental Strategies Incorporated (EVCARES) (Intervenor) Representation: Mr N Eastman, Barrister (Applicant) Mr P W Larkin, SC (Respondent) Mr N Simmons, Solicitor (Intervenor) Gadens Lawyers (Applicant) Martin Ball, Newcastle City Council (Respondent) Sparke Helmore (Intervenor) File Number(s): 10854 of 2011