Marshall Rural Pty Limited v Hawkesbury City Council and Ors [2015] NSWLEC 197

Land and Environment Court New South Wales

Medium Neutral Citation: Marshall Rural Pty Limited v Hawkesbury City Council and Ors [2015] NSWLEC 197 Hearing dates: 10, 11 and 20 November 2015; written submissions on owner's consent by 11 December 2015 Decision date: 16 December 2015 Jurisdiction: Class 4 Before: Moore AJ Decision: At [260] to [268] Catchwords: DEVELOPMENT CONSENTS - challenge to validity - whether correct consideration of time limit in clause in Local Environmental Plan - whether failure to consider sufficiently or at all a relevant mandatory consideration - whether objector denied procedural fairness - whether consideration of an irrelevant matter infected the Council's decision - whether owner's consent validly given - whether the Council failed to deal with the need for a building application appropriately prior to granting development consent - Council failed to consider relevant mandatory matter - no valid owner's consent - development consents void. Legislation Cited: Corporations Act 2001 (Cth) Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Local Government Act 1993 Hawkesbury Local Environmental Plan 2012 Cases Cited: Bismag Limited v Amblins (Chemists) Limited [1940] 1 Ch 667 Botany Bay City Council v Remath Investments No 6 Pty Ltd [2000] NSWCA 364; 111 LGERA 446 Dibbins v Dibbins [1896] 2 Ch 348 Ireland v Cessnock (1999) NSWLEC 153; 103 LGERA 285 Jones v Dunkel (1959) 101 CLR 298 Prime Constructions Pty Ltd v Westbridge Investments Pty Ltd (2004) 22 ACLC 1390 Project Blue Sky Limited v The Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 Category: Principal judgment Parties: Marshall Rural (Applicant) Hawkesbury City Council (First Respondent) Basscave Pty Ltd (Second Respondent) Argosy Agricultural Group Pty Ltd (Third Respondent) Representation: Counsel: Mr A Galasso SC/Mr S Fitzpatrick (Applicant) Submitting appearance (First Respondent) Mr C Leggat SC/Ms J McKelvey (Second and Third Respondents)