A and M Green Investments Pty Ltd v Albury City Council

[2012] NSWLEC 50

Land and Environment Court

New South Wales

Medium Neutral Citation:	A & M Green Investments Pty Ltd v Albury City Council [2012] NSWLEC 50
Hearing dates:	16 March 2012
Decision date:	16 March 2012
Jurisdiction:	Class 4
Before:	Biscoe J
Decision:	Hearing date vacated.
Catchwords:	PRACTICE AND PROCEDURE:- application to vacate hearing date in order that respondent council may consider a development application which, if approved, would dispose of the proceedings.
Legislation Cited:	Albury Local Environmental Plan 2000
Category:	Interlocutory applications
Parties:	A & M Green Investments Pty Ltd (First Applicant) S & K Green Investments Pty Ltd (Second Applicant) Albury City Council (Respondent)
Representation:	COUNSEL: Mr G Laughton SC (Applicants) Mr M Seymour (Respondent) SOLICITORS: Pogson Cronin (Applicants) Kell Moore (Respondent)
File Number(s):	41247 of 2011

EX TEMPORE Judgment

1. This is a motion by the applicants to vacate the hearing date of 21 March 2012, which is next week.

1. In these proceedings the applicants seek a declaration that the respondent, Albury City Council, is obliged to acquire certain land of the applicants under the Albury Local Environmental Plan 2000. Consequential orders are also sought.

1. The applicants contend for a construction of this instrument that the Council can be compelled to acquire the land if the Council refuses development consent. The Council contends that this is erroneous and that it is under no obligation at all to acquire the land.

1. The basis of the application to vacate the hearing is that late last year the applicants lodged a development application for recreation facilities on the land, which would be an adjunct to a retirement village on adjoining land also owned by the applicants. If that development application or a variant were to be approved, then, as a practical matter, that would dispose of the substantive proceedings leaving only the question of costs potentially outstanding.

1. The applicants and the Council are negotiating amendments to the development application which may make it acceptable to the Council. It is possible that the Council would be able to make a decision on an amended development application at its meeting on or about 24 April 2012, although it may not be able to do so until the Council's next meeting on or about 28 May 2012. It appears that there is a realistic prospect that an amended development application will be consented to.

1. In these circumstances, I am persuaded that it is appropriate to vacate the hearing date and stand over the proceedings to Friday 27 April 2012 before the list judge for directions. At the request of the parties, I will also reserve the costs of the notice of motion.

1. The orders of the Court are as follows:

1.   Order that the hearing date of 21 March 2012 be vacated.

2.   The costs of the applicants' notice of motion filed on 13 March 2012 are reserved.

3.   The matter is stood over to Friday 27 April 2012 before the list judge for directions.