Ironlaw Pty Ltd v Wollondilly Shire Council (No 2) [2013] NSWLEC 146

Land and Environment Court New South Wales

Medium Neutral Citation: Ironlaw Pty Ltd v Wollondilly Shire Council (No 2) [2013] NSWLEC 146 Hearing dates: 8 April 2013 Decision date: 10 September 2013 Jurisdiction: Class 1 Before: Craig J Decision: 1. The respondent's notice of motion filed on 1 February 2013 is dismissed. 2. Costs reserved. 3. List the matter for further directions before the Registrar on Friday 13 September 2013. 4. Exhibit A may be returned. Catchwords: PROCEDURE - summary dismissal of an appeal under s 97(1)(b) of the Environmental Planning and Assessment Act 1979 (EPA Act) - development application not accompanied by an environmental impact statement - application identified as being for designated development only after commencement of the appeal - whether absence of an environmental impact statement at the time of commencing appeal rendered the appeal incompetent - whether reliance could be placed upon s 82(1) of the EPA Act - whether development application had been 'lodged' so as to engage cl 113 of the Environmental Planning and Assessment Regulation 2000 (the Regulation) - significance of consent authority's entitlement to reject application under cl 51 of the Regulation - operation of the assessment period and 'stop-the-clock' provisions in the Regulation - whether the Court could make a nunc pro tunc order in respect of the appeal Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Cases Cited: Amacon Pty Ltd v Concord Municipal Council, (Hemmings J, 2 December 1987, unreported) Botany Bay City Council v Remath Investments No. 6 Pty Ltd [2000] NSWCA 364; (2000) 50 NSWLR 312 Building Recyclers Investments Pty Ltd v Marrickville Council [2003] NSWLEC 331; (2003) 131 LGERA 413 Carey v Australian Broadcasting Corporation [2012] NSWCA 176; (2012) 290 ALR 348 Cranky Rock Road Action Group Inc & Anor v Cowra Shire Council & Ors [2006] NSWCA 339; (2006) 150 LGERA 81 Currey v Sutherland Shire Council [2002] NSWLEC 195 Currey v Sutherland Shire Council [2003] NSWCA 300; (2003) 129 LGERA 223 Helman v Byron Shire Council (1995) 87 LGERA 349 McGovern v Ku-ring-gai Council [2008] NSWCA 209; (2008) 72 NSWLR 504 Rose Bay Marina Pty Ltd v Minister for Urban Affairs and Planning [2002] NSWLEC 123; (2002) 122 LGERA 255 Category: Interlocutory applications Parties: Ironlaw Pty Limited (Applicant) Wollondilly Shire Council (Respondent) Representation: T G Howard (Applicant) A E Galasso SC (Respondent) Shaw Reynolds Lawyers Pty Ltd (Applicant) Marsdens Law Group (Respondent) File Number(s): 10920 of 2012