Balnaves Foundation Pty Ltd v Minister for Planning [2018] NSWLEC 152

Land and Environment Court New South Wales

Medium Neutral Citation: Balnaves Foundation Pty Ltd v Minister for Planning [2018] NSWLEC 152 Hearing dates: 24 September 2018 Date of orders: 24 September 2018 Decision date: 24 September 2018 Jurisdiction: Class 4 Before: Pepper J Decision: See orders at [55]. Catchwords: JUDICIAL REVIEW: whether an extension of time within which to commence judicial review proceedings was required – applicant seeking to set aside condition of consent – extension of time to commence proceedings required – applicant was two years out of time – reason for delay was due to the applicant misguidedly seeking to resolve dispute by a Class 1 appeal – no evidence of intentional delay of use of Class 1 proceedings to circumvent time limit within which to commence judicial review proceedings – no prejudice to parties – application not opposed – public interest demonstrated – fairly arguable case – finely balanced but time extended – applicant to pay respondents' costs. Legislation Cited: Environmental Planning and Assessment Act 1979, cl 1(1) of Sch 6, ss 94F(3)(b), 96(1A), 157, 159 Environmental Planning and Assessment Amendment Act 2008, Pt 5B Sch 3, Environmental Planning and Assessment Regulation 2000, cl 15A State Environmental Planning Policy (Affordable Rental Housing) 2009 Uniform Civil Procedure Rules 2005, r 59.10 Waverley Local Environmental Plan 2012 Cases Cited: Sydney Advantage Investments Pty Ltd v Deep River Group Pty Ltd T/as Precise Planning [2018] NSWLEC 151 Wingecarribee Shire Council v Uri Turgeman trading as Uri T Design [2018] NSWLEC 146 Texts Cited: Category: Procedural and other rulings Parties: Balnaves Foundation Pty Limited (Applicant) Minister for Planning (First Respondent ) Waverley Council (Second Respondent ) Representation: Counsel: Mr C McEwen SC with Mr S Nash (Applicant) Ms T Phillips (First Respondent) Mr M Hanna (Second Respondent)