Raphael Shin Enterprises Pty Ltd v Minister for Planning [2018] NSWLEC 42

Land and Environment Court New South Wales

Medium Neutral Citation: Raphael Shin Enterprises Pty Ltd v Minister for Planning [2018] NSWLEC 42 Hearing dates: 5 March 2018 Date of orders: 09 April 2018 Decision date: 09 April 2018 Jurisdiction: Class 1 Before: Molesworth AJ Decision: See orders at [63] Catchwords: PROCEDURAL AND OTHER RULINGS – whether separate question should be ordered in Class 1 proceedings – land use definition of eco-tourist facility tied to a prospective assessment of the proposal against "performance" criteria requiring expert evidence – significant overlap of questions of law and fact such that economies in time and expense unlikely to be achieved – relevance of state significant development being capable of securing consent even though partly prohibited Legislation Cited: Civil Procedure Act 2005 s 56 Uniform Civil Procedure Rules 2005 rr 28.2, 28.4 Port Stephens Local Environment Plan 2013 State Environmental Planning Policy (State and Regional Development) 2011 Environmental Planning and Assessment Act 1979 ss 89C (4.36), 89E (4.38), 97 (8.7, 8.10) Environmental Planning and Assessment Amendment Act 2017 Cases Cited: Allandale Blue Metal Pty Ltd v Roads and Maritime Services [2013] NSWCA 103 820 Cawdor Road Pty Ltd v Wollondilly Shire Council [2013] NSWLEC 8 Dial A Dump Industries Pty Ltd v Roads and Maritime Services [2015] NSWLEC 172 Perilya Broken Hill Limited v Valuer-General (No 5) [2015] NSWLEC 20 Royal Motor Yacht Club (Broken Bay) Pty Ltd v Northern Beaches Council (No 4) [2016] NSWLEC 126 Category: Procedural and other rulings Parties: Raphael Shin Enterprises Pty Ltd (Applicant) (Respondent on the motion) Minister for Planning (Respondent) (Applicant on the motion) Representation: Counsel: Mr Michael Staunton (Applicant) Ms Joanna Davidson (Respondent)