Sessions v Penrith City Council [2017] NSWLEC 171

Land and Environment Court New South Wales

Medium Neutral Citation: Sessions v Penrith City Council [2017] NSWLEC 171 Hearing dates: 6 December 2017 Date of orders: 06 December 2017 Decision date: 06 December 2017 Jurisdiction: Class 1 Before: Preston CJ Decision: (1) The appeal is dismissed. (2) The applicants are to pay the respondent's costs of the appeal. Catchwords: APPEAL – appeal against a commissioner's decision on a question of law – appeal against issue of prevention notice – agreement reached between the parties during hearing – whether agreement between parties was for determination of the appeal by issuing amended prevention notice and conduct of hearing as consent orders hearing – hearing thereafter conducted as consent orders hearing – court direction at conclusion of hearing that parties file amended prevention notice – judgment reserved – subsequent mentions to follow up filing of amended prevention notice – subsequent decision and order to issue amended prevention notice – whether denial of procedural fairness in conduct of hearing and making of decision – no denial of procedural fairness established – whether lack of agreement for consent orders hearing and issuing of prevention notice – lack of agreement not established – whether error in exercising power to issue prevention notice – whether error in finding on the evidence activities carried on in environmentally unacceptable manner – no such submissions made in court below – applicants bound by their conduct at hearing – no error of law established – reliance on joint expert report – whether misattribution of weight – no error of law in relying or giving weight to report Legislation Cited: Protection of the Environment Operations Act 1997 ss 95, 96, 289, 292 Land and Environment Court Act 1979 s 56A(1) Cases Cited: Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Bakkante Constructions Pty Ltd (2014) 88 NSWLR 513; [2014] NSWCA 410 Bankstown City Council v Mohamad El Dana [2009] NSWLEC 68 Coulton v Holcombe (1986) 162 CLR 1; [1986] HCA 33 Design Power Associates Pty Ltd v Willoughby City Council (2005) 148 LGERA 233; [2005] NSWLEC 470 Housing Commission (NSW) v Tatmar Pastoral Co Pty Ltd [1983] 3 NSWLR 378 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390; [2010] HCA 32 Mahony v Industrial Registrar NSW (1986) 8 NSWLR 1 McPhee v S Bennett Ltd (1934) 52 WN (NSW) 8 Randwick Municipal Council v Manousaki (1988) 66 LGRA 330 TAL Life Ltd v Shuetrim (2016) 91 NSWLR 439; [2016] NSWCA 68 TAL Life Ltd v Shuetrim (2016) 91 NSWLR 439; [2016] NSWCA 68 Tanious v Georges River Council [2016] NSWLEC 142 The Owners – Strata Plan No 70798 v Bakkante Constructions Pty Ltd (2014) 88 NSWLR 513; [2014] NSWCA 410 University of Wollongong v Metwally (No 2) (1985) 59 ALJR 481; [1985] HCA 28 Category: Principal judgment Parties: Sammy-Jo Sessions (First Applicant) Blake Drew (Second Applicant) Penrith City Council (Respondent) Representation: Counsel: Mr S Brennan (Applicants) Mr C Drury (Solicitor) (Respondent)