Forgall Pty Ltd v Greater Taree City Council [2015] NSWCA 340

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Forgall Pty Ltd v Greater Taree City Council [2015] NSWCA 340 Hearing dates: 27 October 2015 Decision date: 27 October 2015 Before: Basten JA; Simpson JA Decision: (1) Application for leave to appeal dismissed.

(2) Applicant to pay the respondent's costs in this Court. Catchwords: APPEAL – civil – application for leave – decision of judge of Land and Environment Court on appeal from decision of Commissioner in Class 1 jurisdiction – whether arguable error – whether issue of principle – whether procedural unfairness – whether detailed landscape plan required – whether "concession" by Council that plan could form part of conditions of consent

PLANNING AND ENVIRONMENT – development prohibited unless consistent with objectives of zone – onus on applicant to satisfy Court that condition complied with – preparation of draft conditions if consent forthcoming Legislation Cited: Land and Environment Court Act 1979 (NSW), ss 56A, 57 Cases Cited: Warkworth Mining Ltd v Bulga Milbrodale Progress Association Inc (2014) 86 NSWLR 527; [2014] NSWCA 105 Category: Principal judgment Parties: Forgall Pty Ltd (Applicant) Greater Taree City Council (Respondent) Representation: Counsel: Mr A Crossland/Mr D Sweeney (Applicant) Mr A Gallasso SC (Respondent)

Solicitors: LS Law (Applicant) Marsdens Law Group (Respondent) File Number(s): 2015/151782 Decision under appeal Court or tribunal: Land and Environment Court Jurisdiction: Class 1 Citation: [2015] NSWLEC 61 Date of Decision: 23 April 2015 Before: Preston CJ File Number(s): LEC 10682 of 2014