Ironlaw Pty Ltd v Wollondilly Shire Council [2012] NSWLEC 262

Land and Environment Court New South Wales

Medium Neutral Citation: Ironlaw Pty Ltd v Wollondilly Shire Council [2012] NSWLEC 262 Hearing dates: 29 November 2012 Decision date: 29 November 2012 Jurisdiction: Class 1 Before: Craig J Decision: 1.Grant leave to the Council to rely upon the Amended Statement of Facts and Contentions attached to its Notice of Motion filed on 21 November 2012. 2.Order that the following question be determined separately from and before the trial of any other question or issue in the proceedings: "Whether the Applicant's development application is an application 'in respect of designated development' within the meaning of s 78A(8) of the Environmental Planning and Assessment Act 1979 by reason of the matters articulated in subparagraphs 1(a) to (c) inclusive of Part B of the Council's Amended Statement of Facts and Contentions attached to its Notice of Motion filed on 21 November 2012." 3.Order that any Notice of Motion proposed to be filed by the Council directed to the utility of conducting the proceedings in the absence of the consent by the Crown to the applicant's development application and any realistic prospect of that consent being obtained before a final hearing of the proceedings be filed and served by 4.00pm on Wednesday 5 December 2012. 4.Direct that the Council file and serve with any such Notice of Motion the evidence upon which it proposes to rely in support of that Motion. 5.Direct that the Applicant file and serve any evidence upon which it proposes to rely in answer to any such Notice of Motion by 4.00pm on Wednesday 12 December 2012. 6.Fix Tuesday 18 December 2012 at 9.30am before me for the hearing of any Notice of Motion filed in accordance with Order 3. 7.Give leave to the parties to approach the Registrar forthwith to obtain a date for hearing of the separate question that is identified in Order 2. 8.Direct that by Monday 17 December 2012 the parties file an Agreed Statement of Facts upon which they will rely for the purpose of arguing the separate question identified in Order 2. 9.Costs reserved. Catchwords: PROCEDURE - interlocutory application for separate question to be heard in Class 1 proceedings pursuant to Pt 28 r 28.2 of the Uniform Civil Procedure Rules 2005 - whether separate and preliminary question should be ordered - parties agree that question will have significant impact on remaining issues for determination and will result in considerable savings in costs and time - separate question ordered Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulations 2000 Uniform Civil Procedure Rules 2005 Cases Cited: Fobitu Pty Ltd v Marrickville Council [2012] NSWLEC 81