Woodside Properties Pty Ltd v Wingecarribee Shire Council [2016] NSWLEC 133

Land and Environment Court New South Wales

Medium Neutral Citation: Woodside Properties Pty Ltd v Wingecarribee Shire Council [2016] NSWLEC 133 Hearing dates: 11 October 2016 Date of orders: 11 October 2016 Decision date: 11 October 2016 Jurisdiction: Class 1 Before: Pepper J Decision: Application for joinder refused. Catchwords: JOINDER: local objector – application for joinder – applicable legal principles – issues raised by applicant for joinder likely to be raised and addressed by council – no public interest – joinder refused. Legislation Cited: Bundanoon Development Control Plan 2010 Land and Environment Court Act 1979, s 39A State Environmental Planning Policy (Exempt and Complying Developments Codes) 2008 Wingecarribee Local Environmental Plan 2010 Cases Cited: Denoc Holdings Pty Ltd v Orange City Council [2016] NSWLEC 129 Fenwick v Woodside Properties Pty Ltd [2016] NSWLEC 104 Manderrah Pty Ltd v Woollahra Municipal Council [2013] NSWLEC 27 Morrison Design Partnership Pty Ltd v North Sydney Council [2007] NSWLEC 802; (2007) 159 LGERA 361 Suh v Liverpool City Council [2016] NSWLEC 25; (2016) 216 LGERA 84 Category: Procedural and other rulings Parties: Ms Christine Fenwick (Applicant for joinder) Woodside Properties Pty Ltd (First Applicant) Rochester Estate Pty Ltd (Second Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: Ms C Fenwick (in person) (Applicant for joinder) Mr P Rigg, solicitor (First and Second Applicant) Mr C McFadzean, solicitor (Respondent)