Protect Our Parks Incorporated v Wollongong City Council [2016] NSWLEC 132

Land and Environment Court New South Wales

Medium Neutral Citation: Protect Our Parks Incorporated v Wollongong City Council [2016] NSWLEC 132 Hearing dates: 29 September 2016 Date of orders: 05 October 2016 Decision date: 05 October 2016 Jurisdiction: Class 4 Before: Moore J Decision: See [48] Catchwords: DISCRETION – Applicant successful on only one ground – ground was failure to notify properly – omitted detail was demolition of structures – demolition arose from Council requirement to move proposed development – further notification to be required – not appropriate to declare consent invalid – consent suspended on conditions COSTS – Applicant successful on one ground of four pleaded – one ground not pressed - severability of issues – responsibility of Council making submitting appearance where successful ground was failure of Council to notify properly – none of Applicant's argued grounds untenable or hopeless – costs order in favour of Applicant with portion of costs to be borne by Council Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(1) and (4) Crown Lands Management Act 1989 (NSW) Environmental Planning and Assessment Act 1979 (NSW), ss 123 and 124 Land and Environment Court Act 1979 (NSW), ss 25B, 25C and 25E Uniform Civil Procedure Rules 2005 (NSW), Pt 42 r 42.1 Wollongong Development Control Plan 2009, Appendix 1, cl 2.1.1 Cases Cited: Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Csillag v Woollahra (2011) 181 LGERA 141; [2011] NSWLEC 17 GPT Re Ltd v Wollongong City Council (2006) 151 LGERA 174; [2006] NSWLEC 658 Kindimindi Investments Pty limited v Lane Cove Council (2007) 150 LGERA 333; [2006] NSWLEC 399 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Protect Our Parks Incorporated V Wollongong City Council [2016] NSWLEC 99 Rossi v Living Choice Australia Limited t/as Living Choice (No 2) [2012] NSWLEC 144 Simpson v Wakool Shire Council (2012) 190 LGERA 143; [2012] NSWLEC 163 Category: Procedural and other rulings Parties: Protect Our Parks Incorporated (Applicant) Wollongong City Council (First Respondent) Martin Morris & Jones Pty Ltd (Second Respondent) Skydive the Beach and Beyond Sydney Wollongong Pty Ltd (Third Respondent) Representation: Counsel: Ms J Walker, barrister (Applicant) Submitting appearance (First Respondent) Submitting appearance (Second Respondent) Mr R Lancaster SC (Third Respondent)