Council of the City of Ryde v Sally Haddad executor of the estate of the late Dr Jim Haddad [2018] NSWCA 35

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Council of the City of Ryde v Sally Haddad executor of the estate of the late Dr Jim Haddad [2018] NSWCA 35 Hearing dates: 27 February 2018 Decision date: 08 March 2018 Before: McColl JA, Gleeson JA, Sackville AJA Decision: 1. Grant the Council leave to appeal. 2. Direct the Council to file the draft notice of appeal within seven days. 3. Allow the appeal. 4. Set aside the orders made by Sheahan J on 20 June 2017. 5. In lieu of the orders referred to in Order 4 make the following orders: (1) Allow the appeal from the decision and orders of the Commissioner made on 6 September 2016. (2) In place of the decision and orders referred to in Order 1, order that the Class 1 appeal be dismissed. (3) Order the respondent to pay the appellant's costs of its appeal pursuant to s 56A of the Land and Environment Court Act 1979 (NSW) to the Land and Environment Court. 6. The respondent pay the appellant's costs of the appeal. 7. If the respondent wishes to dispute Orders 5(3) and 6, she is to file and serve written submissions and any material in support, including alternative proposed costs orders, within 14 days. 8. If such written submissions and supporting material are filed and served in conformity with Order 7, the Council is to file and serve its written submissions in response and any supporting material within fourteen days of service of the respondent's submissions. 9. Direct that any application by the respondent with respect to costs be dealt with on the papers. Catchwords: ENVIRONMENT AND PLANNING — Development application — Environmental Planning Instrument ENVIRONMENT AND PLANNING — Environmental planning instruments — Local environment plan — Interpretation ENVIRONMENT AND PLANNING — Environmental planning instruments — Purposes for which building or land may be used — Existing use rights Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), ss 97, 107(1) Environmental Planning and Assessment Amendment Act 2017 (NSW) Environmental Planning and Assessment Regulation 2000 (NSW) cll 39, 41 Land and Environment Court Act 1979 (NSW), ss 56A(1), 57(1)