McAuley v Northern Region Joint Regional Planning Panel [2013] NSWLEC 125

Land and Environment Court New South Wales

Medium Neutral Citation: McAuley v Northern Region Joint Regional Planning Panel [2013] NSWLEC 125 Hearing dates: 12 February 2013 Decision date: 02 August 2013 Jurisdiction: Class 4 Before: Craig J Decision: 1. Summons dismissed. 2. Costs reserved. 3. Direct that any party seeking an order for costs provide to my Associate within 14 days and to the other parties within that same time a short written outline of submissions in support of the order sought. 4. Direct that any party opposing an application made in accordance with order 3 provide to my Associate within a further 14 days and to the other parties within the same time a short written submission by way of response. 5. Any party seeking to address the Court orally in support of a submission filed in accordance with orders 3 or 4 must so indicate in their written submissions. 6. Exhibits may be returned. Catchwords: ADMINISTRATIVE LAW - judicial review - development consent - characterisation of development - consent for a "transitional group home" - definitions in State Environmental Planning Policy (Affordable Rental Housing) 2009 and Coffs Harbour City Local Environmental Plan 2000 - residential facility for rehabilitation of those recovering from drug and alcohol abuse - whether development proposed was a "dwelling" within the definition of "transitional group home" - interpretation of defined composite expression by reference to the meaning of constituent parts - whether occupied as a single household - ancillary development - summons dismissed Legislation Cited: Civil Procedure Act 2005 Coffs Harbour City Local Environmental Plan 2000 Standard Instrument (Local Environmental Plans) Order 2006 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 State Environmental Planning Policy (Affordable Rental Housing) 2009 Uniform Civil Procedure Rules 2005 Cases Cited: Baulkham Hills Shire Council v O'Donnell (1990) 69 LGRA 404 Blacktown City Council v Haddad [2012] NSWLEC 224; 192 LGERA 264 Burwood Municipal Council v Aboriginal Hostels Ltd (1979) 39 LGRA 150 Cecil E Mayo Pty Ltd v Sydney City Council (1952) 18 LGR (NSW) 152 Chamwell Pty Limited v Strathfield Council [2007] NSWLEC 114; 151 LGERA 400 Collector of Customs v Agfa-Gevaert Ltd [1996] HCA 36; 186 CLR 389 Dooralong Residents Action Group Pty Limited v Wyong Shire Council [2011] NSWLEC 251; 186 LGERA 274 Exxon Corporation v Exxon Insurance Consultants International Ltd [1982] Ch 119; [1981] 3 All ER 241 Foodbarn Pty Ltd v Solicitor-General (1975) 32 LGRA 157 Matic v Mid-Western Regional Council [2008] NSWLEC 113 Minister for Urban Affairs and Planning v Rosemount Estates Pty Ltd (1996) 91 LGERA 31 The Royal Agricultural Society of NSW v Sydney City Council (1987) 61 LGRA 305 Schroders Australia Property Management Ltd v Shoalhaven City Council & Anor [2001] NSWCA 74 Wilson v State Rail Authority of New South Wales [2010] NSWCA 198; 78 NSWLR 704 Wollongong City Council v Vic Vellar Nominees Pty Limited [2010] NSWLEC 266; 178 LGERA 445 Woolworths Ltd v Pallas Newco Pty Ltd & Anor [2004] NSWCA 422; 136 LGERA 288 Category: Principal judgment Parties: Karen Lynnette McAuley (Applicant) Northern Region Joint Regional Planning Panel (First respondent) Coffs Harbour City Council (Second respondent) North Wish Pty Ltd (Third respondent) Adele Dundas Inc (Fourth respondent) Representation: S M Berveling (Applicant) Submitting appearance (First respondent) Submitting appearance (Second respondent) A E Galasso SC (Third respondent) J E Robson SC with R D White (Fourth respondent) Fishburn Watson O'Brien Solicitors (Applicant) Legal Services, Department of Planning and Infrastructure (First respondent) Sparke Helmore Lawyers (Second respondent) Bartier Perry Solicitors (Third and Fourth respondents) File Number(s): 41068 of 2012