Central Coast Council v 40 Gindurra Road Somersby Pty Ltd [2019] NSWLEC 101

Land and Environment Court New South Wales

Medium Neutral Citation: Central Coast Council v 40 Gindurra Road Somersby Pty Ltd [2019] NSWLEC 101 Hearing dates: 12 July 2019 Date of orders: 12 July 2019 Decision date: 12 July 2019 Jurisdiction: Class 4 Before: Pain J Decision: (1) The First Respondent's notice of motion dated 5 July 2019 is dismissed.

(2) The Applicant's costs of the notice of motion dated 5 July 2019 are to be paid by the First Respondent. Catchwords: PROCEDURE – notice of motion seeking order to adjourn Class 4 proceedings dismissed Legislation Cited: Environmental Planning and Assessment Act 1979 s 9.46(3)

Civil Procedure Act 2005 ss 56, 57, 58 Category: Procedural and other rulings Parties: Central Coast Council (Applicant) 40 Gindurra Road Somersby Pty Ltd (First Respondent) William Dagger (Second Respondent) Representation: COUNSEL: S Nash (Applicant) R Clark, in person (First Respondent) Submitting appearance (Second Respondent)

SOLICITORS: Central Coast Council (Applicant) N/A (First Respondent) Lucinda Lyons Clyde & Co (Second Respondent) File Number(s): 18/156286

EX TEMPORE Judgment 1. Civil enforcement and judicial review proceedings have been commenced by the Central Coast Council (the Council) concerning land at 40 Gindurra Road Somersby NSW (the site) owned by the Respondent company. The declarations sought in the amended summons include that a complying development certificate No 14-0912 (the CDC) is invalid and that development being the use of land for the purpose of a waste or resource management facility was being carried out without the necessary development consent and that filling of land had occurred which required development consent without the necessary development consent. 2. Numerous consequential orders are sought restraining use of the site for a waste or resource management facility and requiring substantial remediation work including sediment and control. These Class 4 proceedings have been allocated hearing dates on 5-8 August 2019. 3. The Respondent, represented by its director Mr Clark, filed a notice of motion dated 5 July 2019 seeking an order that these Class 4 proceedings be adjourned, effectively meaning stood over pending the outcome of Class 1 merits appeal 2019/90311 in relation to DA55744 lodged by the Respondent with the Council. A consequence of such an order would be the vacation of the hearing dates in August 2019.