Sciacchitano v The Council of the Municipality of Kiama [2019] NSWLEC 104

Land and Environment Court New South Wales

Medium Neutral Citation: Sciacchitano v The Council of the Municipality of Kiama [2019] NSWLEC 104 Hearing dates: 19 July 2019 Date of orders: 19 July 2019 Decision date: 19 July 2019 Jurisdiction: Class 1 Before: Preston CJ Decision: (1) The notice of motion filed 1 July 2019 is dismissed. (2) The parties' planning experts are to prepare a further joint report addressing the applicant's amended plans by 5 August 2019. (3) The respondent is to file and serve any amendment to contention 1 of its statement of facts and contentions and written submissions addressing contention 1 as amended by 5 August 2019. (4) The applicant is to file and serve written submissions in reply by 8 August 2019. Catchwords: PRACTICE AND PROCEDURE – application for separate question – residential development appeal – detached dual occupancy – access by shared right of way – whether consent of owners of right of way to development application is required – deciding question separately from other issues not justified Legislation Cited: Land and Environment Court Act 1979 s 34AA Uniform Civil Procedure Rules 2005 Cases Cited: Al Maha Pty Ltd v Huajun Investments Pty Ltd (2018) 233 LGERA 170; [2018] NSWCA 245 Argyropoulos v Canterbury Municipal Council (1988) 66 LGRA 202 Chamwell Pty Limited v Strathfield Municipal Council (2007) 151 LGERA 400 North Sydney Council v Ligon 302 Pty Limited (1996) 185 CLR 470 Category: Procedural and other rulings Parties: Robert Sciacchitano (Applicant) The Council Of The Municipality Of Kiama (Respondent) Representation: Counsel: Mr S Nash (Applicant) Mr M J Astill (Respondent)