Omid Mohebati-Arani v Ku-ring-gai Council [2017] NSWLEC 85

Land and Environment Court New South Wales

Medium Neutral Citation: Omid Mohebati-Arani v Ku-ring-gai Council [2017] NSWLEC 85 Hearing dates: 14 June 2017 Date of orders: 14 June 2017 Decision date: 14 June 2017 Jurisdiction: Class 1 Before: Moore J Decision: At [21] Catchwords: JOINDER - application for joinder as party to a Class 1 merit appeal - statutory tests to be applied - first test (party will raise matters that would not otherwise be raised) - no evidence matters proposed to be raised had been addressed by the Council as consent authority - joinder granted Legislation Cited: Civil Procedure Act 2005, s 56 Environmental Planning and Assessment Act 1979, s 79C Land and Environment Court Act, ss 38(2), 39A Draft State Environment Planning Policy (Educational Establishments and Childcare Facilities) 2017 Ku‑ring‑gai Local Environmental Plan 2015 Ku‑ring‑gai Development Control Plan Cases Cited: Manderrah Pty Ltd v Woollahra Municipal Council (No 2) 2013 NSWLEC 115 Morrison Design Partnership Pty Ltd v North Sydney Council & Anor 159 LGER 361; [2007] NSWLEC 802 Zhang v Canterbury City Council (2001) 51 NSWLR 589; [2001] NSWCA 167 Category: Procedural and other rulings Parties: Omid Mohebati-Arani (Applicant) Ku-ring-gai Council (Respondent) Loyal Henry Community Association Incorporated (Applicant for Joinder) Representation: Counsel: Ms R McCulloch, solicitor (Applicant) Ms R Knapman, solicitor (Respondent) Dr J Smith, barrister (Applicant for Joinder)