Vella v Penrith City Council [2019] NSWLEC 62

Land and Environment Court New South Wales

Medium Neutral Citation: Vella v Penrith City Council [2019] NSWLEC 62 Hearing dates: 16 April 2019 Date of orders: 16 April 2019 Decision date: 16 April 2019 Jurisdiction: Class 1 Before: Moore J Decision: (1) The Applicant is given leave to rely on amended plans; (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act, 1979, the Applicant is to pay the costs of the First Respondent that have been thrown away as a result of the amendment of the application for development consent; and (3) NSW Department of Education is joined as a party in these proceedings. Catchwords: APPLICATION TO RELY ON AMMENDED PLANS - Applicant to rely on amended plans - no opposition by consent authority - leave granted - costs to be paid to consent of costs thrown away as a result of the amendment APPLICATION TO BE JOINED AS A PARTY - right of Crown (Department of Education) to appear pursuant to s 64(1) of Land and Environment Court Act 1979 - application for joinder separate and in addition to right of appearance - intention to raise issue in public interest where consent authority not raising issue - public authority acting in public interest not an issue of protecting private interests - in the public interest that the Department of Education be joined - no delay to hearing - no additional expert evidence required - Department joined as Second Respondent Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.15 Land and Environment Court Act 1979, s 64(1) State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 Cases Cited: Azzure-Blacktown Pty Ltd v Blacktown City Council [2009] NSWLEC 63 Bongiorno Hawkins Frassetto & Associates Pty Ltd v Griffith City Council [2007] NSWLEC 205 Morrison Design v North Sydney Council [2007] NSWLEC 802 Category: Procedural and other rulings Parties: Jesse James David Vella (Applicant) Penrith City Council (Respondent) NSW Department of Education (Intervener) Representation: Solicitors: Mr S Kondilios, Hall & Wilcox (Applicant) Mr C Drury, Sparke Helmore (Respondent) Ms M Peatman (Intervener) File Number(s): 273859-002 and 273859-003 of 2018