Wechsler v Sydney City Council (No 2) [2015] NSWLEC 35

Land and Environment Court New South Wales

Medium Neutral Citation: Wechsler v Sydney City Council (No 2) [2015] NSWLEC 35 Hearing dates: 9 March 2015 Date of orders: 09 March 2015 Decision date: 09 March 2015 Jurisdiction: Class 1 Before: Craig J Decision: (1) Appeal upheld. (2) Set aside the decision Morris C delivered on 3 July 2013, insofar as that decision refused the modification sought in the proceedings before her. (3) Remit the matter for rehearing and determination by a Commissioner of the Court appointed by the Chief Judge pursuant to s 31(1) of the Land and Environment Court Act 1979 (NSW). (4) Costs of the appeal are reserved. Catchwords: APPEAL - s 56A of the Land and Environment Court Act 1979 - modification of development consent - refusal by Commissioner to allow the Applicant to give evidence - Applicant's participation at hearing confined to making submissions - leave to amend application refused but amendment determined without hearing evidence from Applicant in respect of it - denial of procedural fairness - appeal upheld Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Land and Environment Court Act 1979 (NSW) Cases Cited: Botany Bay City Council v Pet Carriers International Pty Ltd [2013] NSWLEC 147; 201 LGERA 116 Wechsler v Sydney City Council [2013] NSWLEC 1116 Wechsler v Sydney City Council [2014] NSWLEC 201 Category: Principal judgment Parties: Robert Wechsler (Applicant) Sydney City Council (Respondent) Representation: Counsel: Self-represented (Applicant) Submitting appearance (Respondent)