Protect Penrith Action Group Inc v Penrith City Council and Ors [2015] NSWLEC 159

Land and Environment Court New South Wales

Medium Neutral Citation: Protect Penrith Action Group Inc v Penrith City Council and Ors [2015] NSWLEC 159 Hearing dates: 28 August, 16 September and 8 October 2015 Date of orders: 12 October 2015 Decision date: 12 October 2015 Jurisdiction: Class 4 Before: Moore AJ Decision: See orders at [84] Catchwords: JUDICIAL REVIEW – application for leave to adduce expert evidence – place of public worship – applicant's expert asked to advise on impact of place of public worship being a mosque – applicant's expert's report tainted by irrelevant and impermissible consideration – leave refused Legislation Cited: Environmental Planning and Assessment Act 1979 ss 79C(1)(b), 123 Contaminated Land Management Act 1997 Uniform Civil Procedure Rules 2005 rr 31.19, 31.20 Penrith Development Control Plan 2010 Penrith Development Control Plan 2014 Penrith Local Environmental Plan 2010 Cases Cited: Botany Bay City Council v The Minister for Planning and Infrastructure [2014] NSWLEC 14 Chamwell Pty Limited v Strathfield Council [2007] NSWLEC 114; 151 LGERA 400 New Century Developments Pty Ltd v Baulkham Hills Shire Council [2003] NSWLEC 154; 127 LGERA 303 Category: Procedural and other rulings Parties: Protect Penrith Action Group Inc (Applicant) Penrith City Council (First Respondent) Imam Ali Ltd (Second Respondent – 40129 of 2015) Muhammadi Welfare Association Inc (Second Respondent – 40130 of 2015) Representation: Counsel: Mr J Loxton (Applicant) Ms V McWilliam (First Respondent) Mr M Wright (Second Respondent – 40129 of 2015) Mr K Liu, Solicitor (Second Respondent – 40130 of 2015)