Vincent Land Pty Ltd v Hyder Consulting Pty Ltd (No 2) [2012] NSWLEC 272

Land and Environment Court New South Wales

Medium Neutral Citation: Vincent Land Pty Ltd v Hyder Consulting Pty Ltd (No 2) [2012] NSWLEC 272 Hearing dates: 29 November 2012 Decision date: 29 November 2012 Jurisdiction: Class 4 Before: Pain J Decision: 1. The Court declares that the purported approval granted by the Second Respondent pursuant to section 96 of the Environmental Planning and Assessment Act 1979 with respect to land described as "109 Mt Vincent Road, East Maitland, Lot 220DP755237", being the subject of the Notice of Determination dated 22 November 2011 for modification of development consent DA91-117 is void and of no effect. 2. The Court orders that: (a) The Second Respondent and its servants, agents and assigns, be restrained from carrying out any works on, or using, the land comprising Lot 201 DP520191 and Lot 220 DP1095387, known as 109 Mt Vincent Road, East Maitland in purported reliance on the purported section 96 approval. (b) The Second Respondent pay the Applicant's costs of the whole proceedings as between the Applicant and the Second Respondent (when the matter has been fully concluded) on a party and party basis as agreed or failing agreement, as assessed. (c) The costs of the substantive proceedings as between the Applicant and First Respondent are reserved. 3. The Court notes: (1) The proceedings are otherwise discontinued without prejudice to the Applicant's rights to bring proceedings on same or similar grounds in respect of the discontinued claims against the Second Respondent. (2) Parties to advise Chambers on the outstanding question of costs by Thursday 6 December 2012. Catchwords: JUDICIAL REVIEW - application by consent for making of declaration of invalidity of modification to a landfill facility consent - necessity for declaration established Legislation Cited: Environmental Planning and Assessment Act 1979 s 96 Cases Cited: Carr v Minister for Land and Water Conservation [2000] NSWLEC 89 Mison v Randwick City Council (1991) 23 NSWLR 734 Vincent Land Pty Ltd v Hyder Consulting Pty Ltd [2012] NSWLEC 261 Category: Consequential orders Parties: Vincent Land Pty Ltd (Applicant) Hyder Consulting Pty Limited (First Respondent) Maitland City Council (Second Respondent) Representation: Mr T Howard (Applicant) Mr C Withers (First Respondent) Mr M Staunton (Second Respondent) Mallik Rees Lawyers (Applicant) Kennedys (First Respondent) Lindsay Taylor Lawyers (Second Respondent) File Number(s): 40198 of 2012