Evolution Planning Pty Limited v Northern Beaches Council [2017] NSWLEC 23

Land and Environment Court New South Wales

Medium Neutral Citation: Evolution Planning Pty Limited v Northern Beaches Council [2017] NSWLEC 23 Hearing dates: 2 March 2017 Date of orders: 02 March 2017 Decision date: 02 March 2017 Jurisdiction: Class 1 Before: Pain J Decision: The Court orders that the Notice of Motion filed by the Applicant dated 2 March 2017 be dismissed. Catchwords: PRACTICE AND PROCEDURE- Applicant's Notice of Motion for expedition refused Legislation Cited: Pittwater Local Environmental Plan 2014 Cases Cited: Warriewood Vale Pty Ltd v Northern Beaches Council (No 2) [2017] NSWLEC 21 Category: Procedural and other rulings Parties: Evolution Planning Pty Limited (Applicant) Northern Beaches Council (Respondent) Warriewood Vale Pty Ltd (Intervenor on Notice of Motion) Representation: COUNSEL: B Tibbey (Applicant) A Stafford (Respondent) M Staunton and J Reid (Intervenor)

SOLICITORS: L C Muriniti & Associates (Applicant) King and Wood Mallesons (Respondent) Pikes & Verekers (Intervenor) File Number(s): 2017/40390

EX TEMPORE Judgment 1. The Applicant has filed a Notice of Motion dated 2 March 2017 seeking expedition of this Class 1 appeal concerning its development application relating to premises at 4 Forest Road Warriewood. This Class 1 appeal was filed on 8 February 2017 following the deemed refusal of a development application lodged with the Northern Beaches Council on 16 November 2016. Class 1 appeal matter no 16/151186 Warriewood Vale Pty Ltd v Northern Beaches Council concerns the adjoining land at 8 Forest Road Warriewood. The Class 1 appeal in that matter was heard by a Commissioner between 28 February and 1 March 2017. Judgment is reserved. Because of the operation of the Pittwater Local Environmental Plan 2014 (LEP) both properties are part of one sector which has an overall limit on the number of lots that can be developed. Warriewood Vale Pty Ltd was granted leave to speak on the motion as an intervenor. 2. The Applicant submits that the Court needs to be properly informed of its Class 1 appeal in order to also properly consider matter no 16/151186. There is a risk that the Court will act inconsistently with the LEP if it determines the Class 1 appeal in matter no 16/151186 without considering this matter. The Council does not oppose or support the application for expedition.