Stamford Property Services Pty Limited v Council of the City of Sydney [2014] NSWLEC 1206

Land and Environment Court New South Wales

Medium Neutral Citation: Stamford Property Services Pty Limited v Council of the City of Sydney [2014] NSWLEC 1206 Hearing dates: 1 October 2014 Decision date: 02 October 2014 Jurisdiction: Class 1 Before: Moore SC Decision: Noting the undertakings of the applicant on the Notice of Notion to file its Statement of Facts and Contentions in a timely fashion and to discontinue the Class 4 proceedings that relate to the site of these appeal proceedings, the orders of the Court are: (1)Pursuant to s 39A of the Land and Environment Court Act 1979 Mulpha Australia Limited is joined as a party to matter 10627 of 2014. (2)Mulpha Australia Ltd is to file and serve its Statement of Facts and Contentions as set out behind Tab K to Exhibit RC-1 of the affidavit of Robert Chambers by 12 noon on 3 October. (3)The exhibits, other than Exhibit 20, are returned. Catchwords: JOINDER: mutually inconsistent provisions in a development control plan; merit issues; need to specify which matters proposed to be pleaded by applicant for joinder and which do not warrant joinder PLANNING PRINCIPLES: review of planning principles by Commissioners; confirmation of the planning principle in Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Legislation Cited: City of Sydney Development Control Plan 2012 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Sydney Local Environmental Plan 2012 Cases Cited: Coorey v Municipality of Hunters Hill [2013] NSWLEC 1187 Double Bay Marina Pty Ltd v Woollahra Municipal Council (1985) 54 LGRA 313 Manderrah Pty Ltd v Woollahra Municipal Council (No 2) (2013) NSWLEC 115 Morrison Design Partnership Pty Ltd v North Sydney Council [2007] NSWLEC 802; (2007) 159 LGERA 361 Quakers Hill SPV Pty Ltd v Blacktown City Council (No 2) [2012] NSWLEC 243 Quakers Hill SPV Pty Ltd v Blacktown City Council [2012] NSWLEC 200 Revelop Projects Pty Ltd v Parramatta City Council [2014] NSWLEC 1167 Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Terrace Tower Holdings Pty Limited v Sutherland Shire Council [2003] NSWCA 289 Zhang v Canterbury City Council [2001] NSWCA 167, (2001) 51 NSWLR 589; (2001) 115 LGERA 373 Category: Procedural and other rulings Parties: Mulpha Australia Limited (Applicant on the motion) Stamford Property Services Pty Limited (Applicant in the proceedings) Council of the City of Sydney (Respondent) Representation: Mr N Hutley SC and Mr C Ireland, barrister (Applicant on the motion) Mr A Galasso SC and Mr G Farland, barrister (Applicant in the proceedings) Mr P Clay SC (Respondent) Addisons (Applicant on the motion) Norton Rose (Applicant in the proceedings) City Solicitor, City of Sydney (Respondent) File Number(s): 10627 of 2014