North Sydney Council v North Sydney Leagues Club Limited (No 2) [2016] NSWLEC 78

Land and Environment Court New South Wales

Medium Neutral Citation: North Sydney Council v North Sydney Leagues Club Limited (No 2) [2016] NSWLEC 78 Hearing dates: 30 June 2016 Date of orders: 04 July 2016 Decision date: 04 July 2016 Jurisdiction: Class 4 Before: Sheahan J Decision: (1) The proposed hearing of the Class 4 proceedings (case No 2016/152612) on 19 to 21 July 2016 is vacated, on the conditions that, pending the Court's determination of the related Class 1 proceedings (2016/170886): (a) the Club is to operate the subject premises in accordance with the Plan of Management prepared by Design Collaborative dated December 2015, and the Summer Plan of Management; (b) the Club is to limit to 200 at any one time the number of patrons allowed access to the paved area alleged by Council in the Class 4 proceedings to be unlawful works; and (c) the Club is to take all necessary steps to ensure the earliest possible listing and determination of its Class 1 proceedings. (2) The parties' costs on the Notice of Motion of 16 June 2016 are reserved. (3) The Class 4 proceedings are stood over to the List Judge List on Friday 30 September 2016 for further directions. (4) Liberty to apply on three days notice. (5) Exhibit A to be retained, pending further directions. Catchwords: PRACTICE AND PROCEDURE: application for adjournment of the proceedings – respondent seeking development consent to regularise works and use of premises – principles to be applied – conditions imposed. Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Cases Cited: North Sydney Council v North Sydney Leagues Club Limited [2016] NSWLEC 22 Sahade v The Owners Strata Plan No. 62022 & Ors [2006] NSWLEC 770 Tynan v Meharg (1998) 101 LGERA 255 Wollongong City Council v Vic Vellar Nominees Pty Ltd [2011] NSWLEC 60 Category: Procedural and other rulings Parties: North Sydney Council (Applicant) North Sydney Leagues Club Limited (Respondent) Representation: Counsel: