Lisarowraid Incorporated (Inc) v Gosford City Council [2012] NSWLEC 232

Land and Environment Court New South Wales

Medium Neutral Citation: Lisarowraid Incorporated (Inc) v Gosford City Council [2012] NSWLEC 232 Hearing dates: 12 October 2012 Decision date: 12 October 2012 Jurisdiction: Class 4 Before: Craig J Decision: 1. Declare that Development Consent DA38140/2010 as described in the Notice of Determination issued by Gosford City Council, under the hand of its General Manager, and dated 28 May 2012, for an 800 seat place of public worship on lots 2 & 3 in deposited plan 3334,131-147 MacDonalds Road, Lisarow is invalid and is of no force or effect. 2. Each party is to pay its own costs. Catchwords: JUDICIAL REVIEW - validity of development consent granted under Part 4 of the Environmental Planning and Assessment Act 1979 - delegation of power to general manager to "to determine the application for approval" invalid - fetter on delegated power unauthorised by the Act - whether Court should exercise discretion under ss 25B and 25C of Land and Environment Court Act 1979 - exercise of discretion not sought - overriding purpose under s 56 Civil Procedure Act 2005 - parties desire to end litigation - discretion not exercised - development consent declared invalid Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Belmorgan Property Development Pty Ltd v GPT Re Ltd [2007] NSWCA 171; (2007) 153 LGERA 540 Category: Principal judgment Parties: Lisarowraid Incorporated (Inc) (Applicant) Gosford City Council (First Respondent) A R Harrison (Second Respondent) Representation: J Johnson (Applicant) P C Tomasetti SC (First Respondent) M A Staunton (Second Respondent) Pikes & Verekers Lawyers (Applicant) P J Donnellan & Co (First Respondent) Lindsay Taylor Lawyers (Second Respondent) File Number(s): 40951 of 2012