Wiedeman v Randwick City Council [2013] NSWLEC 159

Land and Environment Court New South Wales

Medium Neutral Citation: Wiedeman v Randwick City Council [2013] NSWLEC 159 Hearing dates: 15, 16 October 2012 Decision date: 27 September 2013 Before: Craig J Decision: 1. Summons dismissed. 2. Applicant to pay the respondent's costs unless within seven days application is made for a different order. 3. Exhibits may be returned. Catchwords: ADMINISTRATIVE LAW - judicial review - apprehended bias - use of neighbourhood park for junior sports authorised by a development consent and temporary licence under s 108 of the Crown Lands Act 1989 - application to modify consent made under s 96 of the Environmental Planning and Assessment Act 1979 - Council only authority able to determine the application - principle of necessity - application for modification assessed by external independent consultant - assessment of comparable park use by reference to cost of use of competing parks - whether assessment was made by reference to cost of other parks - no conflict of interest

ADMINISTRATIVE LAW - judicial review - procedural fairness - representation by council as to assessment of application for modification of development consent by reference to an external independent planning consultant - planning consultant draft report amended by others - amendments accepted by consultant - amendments did not effect any change of substance to consultant's report - expectation that representation would be fulfilled - no denial of procedural fairness - summons dismissed Legislation Cited: Crown Lands Act 1989 (NSW) Civil Procedure Act 2005 (NSW) Development Act 1993 (SA) Environmental Planning and Assessment Act 1979 (NSW) Local Government Act 1993 (NSW) Randwick Local Environmental Plan 1998 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Alexander v Yass Valley Council [2011] NSWLEC 148; (2011) 184 LGERA 123