Land and Environment Court
of New South Wales
CITATION: Aspect North v Lismore City Council [2001] NSWLEC 288 PARTIES: APPLICANT
RESPONDENT
Aspect North
Lismore City CouncilFILE NUMBER(S): 10325 of 2001 CORAM: Cowdroy J KEY ISSUES: Costs :- discontinuance LEGISLATION CITED: Land and Environment Court Practice Direction 1993 para 10
Land and Environment Court Rules 1996 Pt 11 r 5(1)CASES CITED: David Crane and Associates Pty Limited v Kogarah Council [1998] NSWLEC 121;
Duncan v Moore (2000) 107 LGERA 430;
Hayden Theatres Pty Limited v Penrith City Council (1999) 105 LGERA 230;
Menangle Sand & Soil Pty Limited v Wingecarribee Shire Council (2000) 108 LGERA 209;
Re the Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; ex parte Lai Qin (1997) 186 CLR 622DATES OF HEARING: 7/12/01 DATE OF JUDGMENT:
12/14/2001LEGAL REPRESENTATIVES:
APPLICANT
Mr J Webster (Barriser)SOLICITORS
StacksRESPONDENT
SOLICITORS
Mr J Kildea (Barrister)
Walters Solicitors
JUDGMENT:
IN THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALESMATTER No. 10325 of 2001
CORAM: Cowdroy J
DECISION DATE: 14/12/01
Respondent
1. By Notice of Motion filed on 12 November 2001 the respondent (“the council”) seeks an order from the Court that the applicant pay the council’s costs of the proceedings.
Facts
2. By application class one (“the appeal”) filed on 12 June 2001 the applicant appealed against the council’s refusal of consent to development application 99/93 (“the application”) determined on 13 February 2001. The application was made in respect of a rural landsharing multiple occupancy consisting of 12 proposed dwellings along with 3 existing dwellings on land known as Lot 2 in DP 250624 or 30 Hensen Road, Nimbin (“the site”).
3. Clause 20 of the North Coast Regional Environmental Plan (“the REP”) required the council to prepare a rural land release strategy and have the strategy approved by the Director General of the Department of Urban Affairs and Planning (“DUAP”) before a Local Environmental Plan (“LEP”) could be prepared to allow for rural residential development. On 12 December 2000 the council resolved to adopt a draft Rural Housing Strategy (“the strategy”) which was intended to become an amendment to the LEP. The strategy was to operate in conjunction with State Environmental Planning Policy 15 (“SEPP 15”).
4. On 13 February 2001 the council refused the application because the proposed development was not in a suitable area as required by the strategy and because of inadequate road infrastructure. Consequently, the applicant initiated the appeal.
5. On 29 May 2001 a Statement of Issues was served on the applicant. Such statement listed 23 issues to be determined by the Court on the appeal. The proceedings were set down for hearing on 4 June 2001 for a period of three days commencing on 26 September 2001.
6. On 10 July 2001 the council resolved to incorporate suggestions made by DUAP to the strategy and to send the strategy to the Director General for further consideration and…
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- Case
- [2001] NSWLEC 288
- Decision Date
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