Denoc Holdings Pty Ltd v Orange City Council [2016] NSWLEC 129

Land and Environment Court New South Wales

Medium Neutral Citation: Denoc Holdings Pty Ltd v Orange City Council [2016] NSWLEC 129 Hearing dates: 26 September 2016 Date of orders: 26 September 2016 Decision date: 26 September 2016 Jurisdiction: Class 1 Before: Robson J Decision: (1) The notice of motion filed by Dr Desmond Mulcahy in these proceedings on 21 September 2016 be dismissed. Catchwords: JOINDER – local objector – application for joinder – statutory tests – nature of issues proposed to be raised by applicant for joinder – issues likely to be sufficiently addressed by Local Council – public interest – joinder refused Legislation Cited: Land and Environment Court Act 1979 (NSW) Orange Development Control Plan 2004 Cases Cited: Morrison Design Partnership Pty Ltd v North Sydney Council (2007) 159 LGERA 361; [2007] NSWLEC 802 Suh v Liverpool City Council (2016) 216 LGERA 84; [2016] NSWLEC 25 Category: Procedural and other rulings Parties: Denoc Holdings Pty Ltd (Applicant) Orange City Council (Respondent) Dr Desmond Mulcahy (Applicant for Joinder) Representation: Counsel: T Flaherty (Applicant) R O'Gorman-Hughes (Applicant for Joinder)

Solicitors: Mills Oakley Lawyers (Applicant) Marsdens Law Group (Respondent) Campbell Paton & Taylor (Applicant for Joinder) File Number(s): 2016/00183468

EX TEMPORE Judgment 1. By motion filed 21 September 2016, Dr Desmond Mulcahy seeks an order that he be joined as a party to these proceedings commenced by Denoc Holdings Pty Ltd ('Denoc'). The primary proceedings are an appeal against Orange City Council's ('Council') refusal of a development application seeking consent for significant alterations and additions to an existing house which is a heritage item called Yallungah Mansion ('the Mansion'). The proposed development is characterised as a boutique hotel in Byng and Hill Streets, Orange. 2. There is some urgency in this application as the matter is listed before this Court tomorrow for a Conciliation Conference to be conducted in Orange pursuant to s 34 of the Land and Environment Court Act 1979 (NSW) ('LEC Act'). 3. Mr Baird, who appears for the Council, has indicated Council neither consents nor opposes the Court making an order for Dr Mulcahy to become a party. Denoc, for whom Mr Flaherty appears, opposes the granting of the order sought in the notice of motion.