Johnson Property Group Pty Limited v Lake Macquarie City Council (No 2) [2020] NSWLEC 42

Land and Environment Court New South Wales

Medium Neutral Citation: Johnson Property Group Pty Limited v Lake Macquarie City Council (No 2) [2020] NSWLEC 42 Hearing dates: 30 March 2020 Date of orders: 30 April 2020 Decision date: 30 April 2020 Jurisdiction: Class 1 Before: Duggan J Decision: See paragraphs 59 to 61 Catchwords: PROCEDURE – separate determination of question – question of law – right to appeal against rejection of development application – no right to appeal – appeal dismissed STATUTORY INTERPRETATION – ss 8.2, 8.6, 8.7 Environmental Planning and Assessment Act 1979 – whether "decision" and "determination" of consent authority are distinct terms – decision is distinct from determination – rejection of development application is a decision – approval and refusal are determinations – decision to reject is not a decision subject to appeal that the Division so provides – s 8.7 right to appeal limited to determinations Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Interpretation Act 1987 Land and Environment Court Act 1979 Cases Cited: Johnson Property Group Pty Limited v Lake Macquarie City Council [2020] NSWLEC 4 Michael Realty Pty Ltd v Carr [1975] 2 NSWLR 812 North Sydney Council v PD Mayoh Pty Ltd (1988) 14 NSWLR 740 Parkes v Byron Shire Council (2003) 129 LGERA 156 Sydney City Council v Claude Neon Ltd (1989) 15 NSWLR 724 Category: Principal judgment Parties: Johnson Property Group Pty Limited (Applicant) Lake Macquarie City Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) T To (Respondent)