Lakeman v Ku-ring-gai Council [2013] NSWLEC 14

Land and Environment Court New South Wales

Medium Neutral Citation: Lakeman v Ku-ring-gai Council [2013] NSWLEC 14 Hearing dates: 12 February 2013 Decision date: 14 February 2013 Jurisdiction: Class 1 Before: Pain J Decision: 1. The Application Class 1 filed on 20 December 2012 is struck out for want of jurisdiction. 2. Costs reserved. Catchwords: Procedure - Class 1 appeal statute barred - no determination of s 82A review if request rejected - no extension of time to appeal under s 97(1) unless change of original determination in s 82A review Legislation Cited: Environmental Planning and Assessment Act 1979 s 80, s 82A, s 82C, s 82D, s 97 Planning Appeals Legislation Amendment Act 2010 Sch 1 Environmental Planning and Assessment Regulation 2000 cl 113A, cl 123G Cases Cited: Hainbury Pty Ltd v Campbelltown City Council [2007] NSWLEC 713 Longhill Projects Pty Ltd v Parramatta City Council [2009] NSWLEC 1414 Rivers SOS Inc v Minister for Planning [2009] NSWLEC 213; (2009) 178 LGERA 347 Category: Principal judgment Parties: Allen Raymond Lakeman (Applicant) Ku-ring-gai Council (Respondent) Representation: Mr D Wilson (Applicant) Ms A Hemmings (Respondent) Robilliard Lawyers (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 11262 of 2012

Judgment 1The Council moves on its Notice of Motion filed on 18 January 2013 seeking to strike out the Applicant's class 1 appeal for want of jurisdiction because the appeal was lodged out of time. The Council also seeks its costs of the proceedings including the costs of the motion or of the motion only. The question to be determined is whether or not the Applicant has commenced an appeal within the time allowed by s 97(1) of the Environmental Planning and Assessment Act 1979 (the EPA Act).