Warriewood Vale Pty Ltd v Northern Beaches Council [2016] NSWLEC 77

Land and Environment Court New South Wales

Medium Neutral Citation: Warriewood Vale Pty Ltd v Northern Beaches Council [2016] NSWLEC 77 Hearing dates: 16 June 2016 Date of orders: 17 June 2016 Decision date: 17 June 2016 Jurisdiction: Class 1 Before: Pain J Decision: See par [32] Catchwords: PROCEDURE – application for joinder as party in Class 1 proceedings by owner of adjoining land – operation of density provisions in Pittwater Local Environmental Plan Legislation Cited: Land and Environment Court Act 1979 (NSW), ss 34, 38(2), 39A Pittwater Local Environmental Plan 2014 (NSW), cl 6.1 Cases Cited: Double Bay Marina Pty Ltd v Woollahra Municipal Council (1985) 54 LGRA 313 Freshwater Village Developments Pty Ltd v Warringah Council [2011] NSWLEC 5 Morrison Design Partnership Pty Ltd v North Sydney Council [2007] NSWLEC 802; (2007) 159 LGERA 361 Category: Procedural and other rulings Parties: Warriewood Vale Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: COUNSEL: M Libbey (Intervenors) M Staunton & N Hammond (Applicant) A Stafford (Respondent)

SOLICITORS: LC Muriniti & Associates (Intervenors) Pikes & Verekers Lawyers (Applicant) King & Wood Mallesons (Respondent) File Number(s): 16/151186

Judgment

Application for joinder as party 1. This judgment concerns a Notice of Motion dated 10 June 2016 seeking joinder by four people ("the intervenors") as parties in Class 1 proceedings pursuant to s 39A of the Land and Environment Court Act 1979 (NSW) ("Court Act"). An alternative order is sought relying on s 38(2) of the Court Act. The intervenors own 4 Forest Road Warriewood. The Class 1 appeal has been lodged by the owners of 8 Forest Road Warriewood the Applicant following the deemed refusal by Pittwater Council (now known as Northern Beaches Council) ("the Council") of its development application ("DA") for 85 dwellings and related civil works at 8 Forest Road. 2. The Court Act provides: 38 Procedure … (2) In proceedings in Class 1, 2 or 3 of the Court's jurisdiction, the Court is not bound by the rules of evidence but may inform itself on any matter in such manner as it thinks appropriate and as the proper consideration of the matters before the Court permits. … 39A Joinder of parties in certain appeals On an appeal under section 96 (6), 96AA (3), 96A (5), 97 or 98 of the Environmental Planning and Assessment Act 1979, the Court may, at any time, on the application of a person or of its own motion, order the joinder of a person as a party to the appeal if the Court is of the opinion: (a) that the person is able to raise an issue that should be considered in relation to the appeal but would not be likely to be sufficiently addressed if the person were not joined as a party, or (b) that: (i) it is in the interests of justice, or (ii) it is in the public interest, that the person be joined as a party to the appeal.