Henroth Investments Pty Ltd v Sydney North Planning Panel [2019] NSWCA 68

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Henroth Investments Pty Ltd v Sydney North Planning Panel [2019] NSWCA 68 Hearing dates: 4 April 2019 Date of orders: 12 April 2019 Decision date: 12 April 2019 Before: Basten JA; Payne JA; Sackville AJA Decision: (1) Appeal dismissed. (2) The appellant to pay the first respondent's costs of the appeal. (3) The appellant to pay the second respondent's costs of the appeal, not including the costs of the preparation for the hearing of the appeal and appearance at the hearing on 4 April 2019. Catchwords: ENVIRONMENT AND PLANNING – environmental planning instruments – local environmental plan –proposal to rezone land – review of rejection by planning panel – power of panel to consider proposal – power of panel to recommend replacement of local council as relevant planning authority – no recommendation made – whether panel obliged to have regard to a local strategy endorsed by the Department – whether panel obliged to consider requirements of Secretary with respect to determination of planning proposal

JUDICIAL REVIEW – availability of judicial review – whether power to review an administrative decision not to make recommendation at a preliminary stage of decision-making process – whether failure to take a particular matter into account could have affected legal interests – whether matter not taken into account

COSTS – party/party – orders when proceedings involve multiple parties – parties with same interests –whether party inappropriately joined to primary proceeding and appeal should be awarded costs – whether improper for decision-maker to take an active role in proceedings where no other party with interest Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Environmental Planning and Assessment Act 1979 (NSW), ss 15, 23G, 54, 55, 56, 117, Pt 3 Div 4 Greater Sydney Commission Act 2015 (NSW), s 18 Greater Sydney Commission (Planning Panels) Order 2016 (NSW) Pittwater Local Environmental Plan 2014 Cases Cited: Hot Holdings Pty Ltd v Creasy (1996) 185 CLR 149; [1996] HCA 44 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40 Moorebank Recyclers Pty Ltd v Tanlane Pty Ltd [2018] NSWCA 304 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 The Queen v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13; [1980] HCA 13 Category: Principal judgment Parties: Henroth Investments Pty Ltd (Appellant) Sydney North Planning Panel (First Respondent) Northern Beaches Council (Second Respondent) Representation: Counsel: N J Williams SC / M E Ellicott (Appellant) R Mansted (First Respondent) S Nash / L Nurpuri (Second Respondent)