Lane Cove Council v Ross (No 5) [2013] NSWLEC 17

Land and Environment Court New South Wales

Medium Neutral Citation: Lane Cove Council v Ross (No 5) [2013] NSWLEC 17 Hearing dates: 18 February 2013 Decision date: 20 February 2013 Jurisdiction: Class 4 Before: Pepper J Decision: (1) the notice of motion filed on 1 February 2013 by Mr Raymond Ross is dismissed; (2) Mr Raymond Ross is to pay the council's costs of the dismissed notice of motion; (3) by consent, Mr Raymond Ross, and his agent and servants, shall provide access for officers of the council and the council's town planning consultant, Kerry Nash, to enter the premises known as 8 Bayview Street, Northwood (including all levels of the dwelling house under construction at those premises), for the purpose of carrying out an inspection including the taking of measurements and the taking of photographs. Such inspection to take place on Tuesday, 26 February 2013 at 10.00am for a maximum duration of two hours; and (4) the proceedings are stood over to 4.15pm on 27 February 2013 before Pepper J for further directions. Catchwords: PROCEDURE: application to set aside or amend orders after entry - no evidence that the orders were made irregularly, illegally or against good faith - no other power to amend or set aside orders after entry - application dismissed - application by council for order to enter and inspect premises - by consent inspection order made Legislation Cited: Environmental Planning and Assessment Act 1979 ss 76A, 96 Uniform Civil Procedure Rules 2005 rr 36.15, 36.16 Cases Cited: Halley v Minister Administering the Environmental Planning and Assessment Act 1979 (No 4) [2011] NSWLEC133 Kennedy v Stockland Developments Pty Limited (No 3) [2011] NSWLEC 249 Lane Cove Council v Ross [2012] NSWLEC 153 Lane Cove Council v Ross (No 2) [2012] NSWLEC 160 Lane Cove Council v Ross (No 3) [2012] NSWLEC 171 Lane Cove Council v Ross (No 4) [2012] NSWLEC 191 Presrod Pty Ltd v Wollongong City Council [2010] NSWLEC 192 Ross v Lane Cove Council [2012] NSWLEC 1364 Category: Procedural and other rulings Parties: Lane Cove Council (Applicant) Raymond Ross (Respondent) Representation: Mr S Griffiths (Solicitor) (Applicant) Mr R Ross (in person) (Respondent) Pikes & Verekers Lawyers (Applicant) N/A (Respondent) File Number(s): 40628 of 2012