Hoxton Park Residents Action Group Inc v Liverpool City Council (No 2) [2015] NSWLEC 125

Land and Environment Court New South Wales

Medium Neutral Citation: Hoxton Park Residents Action Group Inc v Liverpool City Council (No 2) [2015] NSWLEC 125 Hearing dates: 9 and 10 February 2015 Date of orders: 07 August 2015 Decision date: 07 August 2015 Jurisdiction: Class 4 Before: Craig J Decision: (1) Proceedings dismissed.

(2) The applicant is to pay the respondents' costs of the proceedings unless by 5.00pm on 21 August 2015 the applicant notifies the respondents and my associate of the terms of any different costs order that it seeks.

(3) The exhibits may be returned. Catchwords: ADMINISTRATIVE LAW – validity of development consent – educational establishment – consent granted by joint regional planning panel – earlier consent for the same development declared to be invalid – whether decision of joint regional planning panel purported to consent to building work completed under the earlier consent – whether in granting the present development consent reliance can be placed upon those works completed under the earlier consent – effect of building certificate issued for completed building work – whether capital investment value of development exceeded $30 million – determination of capital investment value is "jurisdictional" – function of the joint regional planning panel in determining that value – councillor members of the joint regional planning panel had participated as members of the local council when earlier consent was granted – whether apprehension of bias of those councillors was demonstrated Legislation Cited: Civil Procedure Act 2005 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Environmental Planning and Assessment Regulation 2000 (NSW) Evidence Act 1995 (NSW) Liverpool Local Environmental Plan 2008 Local Government Act 1993 (NSW) State Environmental Planning Policy (State and Regional Development) 2011 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; 170 CLR 321 British American Tobacco Australia Services Ltd v Laurie [2011] HCA 2; 242 CLR 283 Calardu Penrith Pty Ltd v Penrith City Council [2010] NSWLEC 50 Calardu Penrith Pty Ltd v Penrith City Council [2010] NSWCA 189 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 Gwandalan Summerland Point Action Group Inc v Minister for Planning [2009] NSWLEC 140; 168 LGERA 269 Hoxton Park Residents Action Group Inc v Liverpool City Council [2010] NSWLEC 242 Hoxton Park Residents Action Group Inc v Liverpool City Council (No 2) [2010] NSWLEC 259 Hoxton Park Residents Action Group Inc v Liverpool City Council [2011] NSWCA 349; 81 NSWLR 638 Hoxton Park Residents Action Group Inc v Liverpool City Council (No 3) [2012] NSWLEC 43; 190 LGERA 119 Jones v Dunkel [1959] HCA 8; 101 CLR 298 Kioa v West [1985] HCA 81; 159 CLR 550 Laws v Australian Broadcasting Tribunal [1990] HCA 31; 170 CLR 70 McGovern v Ku-ring-gai Council [2008] NSWCA 209; 72 NSWLR 504 Michael Wilson & Partners Ltd v Nicholls [2011] HCA 48; 244 CLR 427 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; 205 CLR 507 Saeed v Minister for Immigration and Citizenship [2010] HCA 23; 241 CLR 252 Schroders Australia Property Management Ltd v Shoalhaven City Council [2001] NSWCA 74 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52; 219 CLR 165 Category: Principal judgment Parties: Hoxton Park Residents Action Group Inc (Applicant) Liverpool City Council (First Respondent) Sydney West Joint Regional Planning Panel (Second Respondent) The Australian Federation of Islamic Councils Inc (Third Respondent) Malek Fahd Islamic School Pty Ltd (Fourth Respondent) Amjad Mehboob (Fifth Respondent) Representation: Counsel: P E King (Applicant) Submitting appearance (First Respondent) A Mitchelmore with B Mostafa (Second Respondent) A P Cheshire (Third, Fourth and Fifth Respondents)