Barca v Wollondilly Shire Council [2014] NSWLEC 118

Land and Environment Court New South Wales

Medium Neutral Citation: Barca v Wollondilly Shire Council [2014] NSWLEC 118 Hearing dates: 28 August, and 25 and 27 September 2013 (further written submissions) Decision date: 07 August 2014 Jurisdiction: Class 1 Before: Pepper J Decision: See decision at [103]-[105]. Catchwords: SEPARATE QUESTION: whether a determination of a consent authority refusing to grant consent to an application for designated development was invalid by reason of its failure to properly comply with statutory notification and exhibition requirements - determination invalid - what was the effect of any invalidity - whether the invalidity gave rise to a deemed refusal by the consent authority.

JURISDICTION: whether the Court had jurisdiction to entertain a merits appeal against an invalid determination of a consent authority refusing to grant consent to an application for designated development. Legislation Cited: Civil Procedure Act 2005, s 56 Environmental Planning and Assessment Act 1979, ss 77, 79, 80(9), 82, 84, 97 Environmental Protection and Biodiversity Conservation Act 1999 Land and Environment Court Act 1979, ss 17(d), 25B, 38, 39, 40 Environmental Planning and Assessment Regulation 2000, cl 113 Cases Cited: Botany Bay City Council v Remath Investments (No 6) Pty Ltd [1998] NSWCA 43 Botany Bay City Council v Remath Investments No 6 Pty Ltd [2000] NSWCA 364; (2000) 111 LGERA 446 Building Recyclers Investments Pty Limited v Marrickville Council [2003] NSWLEC 331; (2003) 131 LGERA 413 Csillag v Woollahra Council [2011] NSWLEC 17; (2011) 181 LGERA 141 Director-General NSW Department of Industry and Investment v Mato Investments Pty Ltd [2014] NSWCCA 132 Helman v Byron Shire Council (1995) 87 LGERA 349 Ironlaw Pty Ltd v Wollondilly Shire Council (No 2) [2013] NSWLEC 146; (2013) 197 LGERA 238 Maybury on behalf of Kurri/Weston District Concerned Citizens Action Group v Minister of Planning and Alumino Australia Pty Ltd (1995) 87 LGERA 154 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Remath Investments (No 6) Pty Ltd v Botany Bay City Council [No 3] [1999] NSWLEC 50 Simpson v Wakool Shire Council [2012] NSWLEC 163; (2012) 190 LGERA 143 Category: Principal judgment Parties: Rosaria Maria and Mimma Barca (Applicant) Wollondilly Shire Council (First Respondent) Allied Mills Pty Ltd (Second Respondent) Sell and Parker Pty Ltd (Third Respondent) Representation: Mr P McEwen SC and Mr G Newport (Applicant) Mr M Bonanno (Solicitor) (First Respondent) Mr C Renner (Solicitor) (Second Respondent) Mr R Lancaster SC (Third Respondent) Bartier Perry (Applicant) Lindsay Taylor Lawyers (First Respondent) Gadens Lawyers (Second Respondent) Allens (Third Respondent) File Number(s): 11246 of 2012