Yves Deyris v Elizabeth Jones [2017] NSWLEC 165

Land and Environment Court New South Wales

Medium Neutral Citation: Yves Deyris v Elizabeth Jones [2017] NSWLEC 165 Hearing dates: 17 November 2017 Date of orders: 20 November 2017 Decision date: 20 November 2017 Jurisdiction: Class 4 Before: Robson J Decision: See orders at [16] Catchwords: NOTICE OF MOTION – seeking leave to extend time to commence judicial review proceedings – development application not publicly notified – applicant only became aware of works once consent had been granted – Motion not opposed by the respondents Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 59.10 Cases Cited: Dyason v Butterworth [2015] NSWCA 52 Moorebank Recyclers Pty Ltd v Tanlane Pty Ltd [2017] NSWLEC 97 Regional Express Holdings Limited v Dubbo City Council (No 2) [2013] NSWLEC 113 Category: Procedural and other rulings Parties: Yves Deyris (Applicant) Elizabeth Jones (First Respondent) Byron Shire Council (Second Respondent) Representation: Counsel: M Young, solicitor (Applicant) By consent (First Respondent) Submitting Appearance (Second Respondent)

Solicitors: McCartney Young Lawyers (Applicant) Bottrill Van Kempen (First Respondent) Marsdens Law Group (Second Respondent) File Number(s): 2017/00291599 Publication restriction: No

ex temPore Judgment 1. The matter before me is a Notice of Motion filed by the applicant, Yves Deyris, seeking an order under r 59.10(2) of the Uniform Civil Procedure Rules 2005 (NSW) ('UCPR') extending the time for commencing judicial review proceedings. 2. On 26 September 2017, Mr Deyris filed a Summons seeking relief in relation to the decision of the second respondent, Byron Shire Council ('Council'), to grant consent to a development application filed by Ms Elizabeth Jones, the first respondent, concerning alterations and additions to Ms Jones' residence at 21 Alcorn Street, Suffolk Park. The alterations and additions involve the construction of a "solar loft" and/or an "attic extension". 3. The Summons seeks a declaration that the consent given by Council on 21 October 2016 is of no force and effect, and an order restraining Ms Jones from carrying out the works. Order 1 of the Summons seeks an extension of time for the applicant to commence proceedings for judicial review. 4. On 10 November 2017, Mr Deyris filed a Notice of Motion seeking the relief referred to above being "that leave be granted to extend the time to commence proceedings to 26 September 2017 pursuant to pt 59.10 Uniform Civil Procedure Rules". 5. The Motion proceeded to hearing before me on 17 November 2017. Mr Deyris was represented by Mr Young, solicitor, and I was informed that Ms Jones consents to an order for the extension of time to commence proceedings, and asks that costs be reserved. I was informed by Mr Young and accept that Council has filed a submitting appearance in the substantive proceedings, and does not oppose the relief sought in the Motion.