Avalon Beach Property Pty Limited ACN 609856224 as Trustee for the Avalon Beach Property Trust v Northern Beaches Council [2017] NSWLEC 130

Land and Environment Court New South Wales

Medium Neutral Citation: Avalon Beach Property Pty Limited ACN 609856224 as Trustee for the Avalon Beach Property Trust v Northern Beaches Council [2017] NSWLEC 130 Hearing dates: 14 September 2017 Date of orders: 14 September 2017 Decision date: 14 September 2017 Jurisdiction: Class 1 Before: Preston CJ Decision: (1) Join Matthew Durden as a party to these proceedings. (2) Vacate direction 5 made by the Court on 11 July 2017. (3) Under rules 31.19 and 31.20 of the Uniform Civil Procedure Rules 2005, make the following directions regarding expert evidence: Kate Fleming, Tyson Ek-Moller and Vivienne Albin are to confer in relation to town planning issues under Uniform Civil Procedure Rules 2005 r 31.24 and prepare a joint expert report, and the joint expert report is to be filed and served by 12 October 2017. (4) Direct Mr Durden to file and serve a statement of facts and contentions by 15 September 2017. Catchwords: PARTIES – joinder of party – planning appeal – application by neighbour for joinder to – neighbour raising issues not addressed by existing parties – permissibility of proposed development – non-compliances with height development standard and other development controls – acceptability of overshadowing of neighbour's property – joinder of neighbour necessary to sufficiently address issues Legislation Cited: Land and Environment Court Act 1979 ss 34, 39A Land and Environment Court Rules 2007 r 3.7(2) Pittwater Local Environmental Plan 2014, cll 4.3, 4.6 Pittwater 21 Development Control Plan 2014 cll C 5.10, D 1.9, D 1.14 Uniform Civil Procedure Rules 2005 rr 31.19, 31.20, 31.24 Cases Cited: Manderrah Pty Ltd v Woollahra Municipal Council (No 2) [2013] NSWLEC 115 Category: Principal judgment Parties: Avalon Beach Property Pty Limited ACN 609856224 as Trustee for the Avalon Beach Property Trust (Applicant) Northern Beaches Council (Respondent) Matthew Durden (Applicant for Joinder) Representation: Counsel: Mr T Sattler (Solicitor) (Applicant) Ms A Bond (Solicitor) (Respondent) Mr A Galasso SC (Applicant for Joinder)