Forgall Pty Ltd v Greater Taree City Council [2015] NSWLEC 61

Land and Environment Court New South Wales

Medium Neutral Citation: Forgall Pty Ltd v Greater Taree City Council [2015] NSWLEC 61 Hearing dates: 2 March 2015 Date of orders: 23 April 2015 Decision date: 23 April 2015 Jurisdiction: Class 1 Before: Preston CJ Decision: (1) Dismiss the appeal.

(2) Order the applicant to pay the respondent's costs of the appeal. Catchwords: APPEAL – appeal against Commissioner's decision on a question of law – refusal of development application because development not consistent with zone objectives and prohibited – whether Commissioner denied appellant procedural fairness – failure by appellant to adduce sufficient evidence to establish development's consistency with zone objectives and permissibility – absence of a final landscaping plan – Commissioner did not determine matter on issues not raised by parties – Commissioner not obliged to give notice that absence of final landscaping plan amounted to insufficient evidence – failure by appellant to adduce further evidence did not give rise to failure by Commissioner to afford procedural fairness – finding by Commissioner that Aboriginal cultural heritage report inadequate not determinative of Commissioner's decision – failure to notify appellant that report inadequate did not give rise to failure by Commissioner to afford procedural fairness Legislation Cited: Environmental Planning and Assessment Act 1979 ss 97(1), 80(1) Land and Environment Court Act 1979 s 56A(1) Land and Environment Court Rules 2007 r 3.7(2),(3)(a) Cases Cited: Botany Bay City Council v Pet Carriers International Pty Ltd [2013] NSWLEC 147; (2013) 201 LGERA 116 Chambers v Maclean Shire Council [2003] NSWCA 100; (2003) 57 NSWLR 152; (2003) 126 LGERA 7 Forgall Pty Ltd v Greater Taree City Council [2014] NSWLEC 1132 Warkworth Mining Ltd v Bulga Milbrodale Progress Association Inc [2014] NSWCA 105; (2014) 200 LGERA 375 Category: Principal judgment Parties: Forgall Pty Ltd (Applicant) Greater Taree City Council (Respondent) Representation: Counsel: Ms S A Duggan SC with Ms J Reid (Applicant) Mr A J Seton (Solicitor) (Respondent)