David DeBattista v Minister for Planning [2018] NSWLEC 8

Land and Environment Court New South Wales

Medium Neutral Citation: David DeBattista v Minister for Planning [2018] NSWLEC 8 Hearing dates: 09 February 2018 Date of orders: 13 February 2018 Decision date: 13 February 2018 Jurisdiction: Class 4 Before: Robson J Decision: See orders at [41] Catchwords: PRACTICE AND PROCEDURE – notice of motion – leave sought to adduce expert evidence – interrogatories – enforcement proceedings – judicial review – whether evidence relevant to decision under review – relevance matter for trial judge – motion allowed Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) s 117 Shoalhaven Local Environmental Plan 2014 Uniform Civil Procedure Rules 2005 (NSW) r 22.1, r 31.19 Cases Cited: Muswellbrook Shire Council v Hunter Valley Energy Coal Pty Ltd [2017] NSWLEC 184 Shellharbour City Council v Minister for Planning [2011] NSWCA 195 Category: Procedural and other rulings Parties: David DeBattista (Applicant) Minister for Planning (First Respondent) Shoalhaven City Council (Second Respondent) Representation: Counsel: P Tomasetti SC (Applicant) L Sims, solicitor (First Respondent) P Clay SC (Second Respondent)

Solicitors: Planning Law Solutions (Applicant) Department of Planning and Environment (First Respondent) Bradley Allen Love Lawyers (Second Respondent) File Number(s): 2017/00387827 Publication restriction: No