Anglican Retirement Villages, Diocese of Sydney v Wollongong City Council (No 2) [2013] NSWLEC 50

Land and Environment Court New South Wales

Medium Neutral Citation: Anglican Retirement Villages, Diocese of Sydney v Wollongong City Council (No 2) [2013] NSWLEC 50 Hearing dates: 12 April 2013 Decision date: 12 April 2013 Jurisdiction: Class 1 Before: Craig J Decision: 1. The second respondent's amended notice of motion filed on 4 April 2013 is dismissed. 2. No order as to costs. Catchwords: PRACTICE AND PROCEDURE - motion for summary dismissal of appeal from refusal of a development application - development application not accompanied by report required by a condition of a concept plan approval - disputed facts as to compliance with concept plan condition - concept plan condition not determine validity of subsequent development application - relevance of compliance when appeal determined on its merits - scope for operation of Uniform Civil Procedure Rules 2005 when applied to summary dismissal of a Class 1 application Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Land and Environment Court Rules 2007 Threatened Species Conservation Act 1995 Uniform Civil Procedure Rules 2005 Cases Cited: Batistatos v Roads and Traffic Authority of New South Wales [2006] HCA 27; 226 CLR 256 Coffs Harbour City Council v The Minister for Planning and Infrastructure [2013] NSWCA 44 General Steel Industries Inc v Commissioner for Railways (NSW) 1964 HCA 69; 112 CLR 125 Logwon Pty Ltd v Warringah Shire Council (1993) 82 LGERA 158 Nikolaidis v Pittwater Council [2009] NSWLEC 227; 171 LGERA 104 Rogers v R [1994] HCA 42; 181 CLR 251 Spencer v The Commonwealth [2010] HCA 28; 241 CLR 118 Timbarra Protection Coalition Inc v Ross Mining NL [1999] NSWCA 8; 46 NSWLR 55 Westfield Management Ltd v Perpetual Trustee Co Ltd [2006] NSWCA 245 Category: Procedural and other rulings Parties: Anglican Retirement Villages, Diocese of Sydney (Applicant) Wollongong City Council (First Respondent) Roy 'Dootch' Kennedy on behalf of the Sandon point Aboriginal Tent Embassy (Second Respondent) Representation: J E Robson SC (Applicant) J Riley (solicitor) (First Respondent) A Oshlack (agent) (Second Respondent) Norton Rose Australia (Applicant) Wollongong City Council Legal (First Respondent) Indigenous Justice Advocacy Network (Agent) (Second Respondent) File Number(s): 10982 of 2012