Eco-Villages Australia Pty Ltd v Pittwater Council [2012] NSWLEC 49

Land and Environment Court New South Wales

Medium Neutral Citation: Eco-Villages Australia Pty Ltd v Pittwater Council [2012] NSWLEC 49 Hearing dates: 2 February 2011, 8 March 2011, 9 March 2011, 29 March 2011 Decision date: 20 March 2012 Jurisdiction: Class 1 Before: Craig J Decision: 1. No substantive order made: see paragraph [62] 2. Exhibits may be returned Catchwords: ENVIRONMENT AND PLANNING: development application -- amended application lodged with Council -- appeal pursuant to s 97 of the Environmental Planning and Assessment Act 1979 (the EPA Act) -- "deemed" refusal of development application - s 82 EPA Act - evidence of agreement by Council to amended development application made under cl 55 of Environmental Planning and Assessment Regulation 2000 - application required to be determined by a joint regional planning panel - cl 13F of the State Environmental Planning Policy (Major Development) 2005 (the Major Development SEPP) - whether agreement of joint regional planning panel required to amendment - cl 13F(1) and 13F(2) of the Major Development SEPP compared - "consent authority" for the purpose of "reviewing and assessing" the development application - whether Court required to agree to amendment - s 39(2) Land and Environment Court Act 1979

ENVIRONMENT AND PLANNING: development application - appeal pursuant to s 97 EPA Act - decision reserved on interlocutory application - proceedings discontinued - discretion to deliver reserved judgment following discontinuance Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy (Major Development) 2005 Cases Cited: D'Anastasi v Environment, Climate Change & Water NSW [2011] NSWCA 374 People with Disability Australia Inc v Minister for Disability Services [2011] NSWCA 253 Radray Constructions Pty Ltd v Hornsby Shire Council [2006] NSWLEC 155; (2006) 145 LGERA 292 Category: Procedural and other rulings Parties: Eco-Villages Australia Pty Ltd (Applicant) Pittwater Council (Respondent) Representation: Mr A E Galasso SC with Ms G Mahony (Applicant) Mr C W McEwen SC with Mr M A Staunton (Respondent) Maddocks Solicitors (Applicant) Mallesons Stephen Jaques (Respondent) File Number(s): 11049 of 2010