Greenwood v Warringah Council

Scott Greenwood sought leave to appeal to the Court of Appeal of New South Wales from a decision of Biscoe J in the Land and Environment Court. Biscoe J had dismissed an appeal brought under section 56A of the *Land and Environment Court Act 1979* (NSW) from a decision of two Commissioners. The Commissioners had previously dismissed an appeal from Warringah Council's refusal of Mr Greenwood's development application for the shredding and stockpiling of green and wood materials on Crown land at Mona Vale Road, Belrose.

The legal issues before the Court of Appeal were whether to grant leave to appeal under section 57(4) of the *Land and Environment Court Act 1979*. This required the applicant to identify a question of law that was material to the decision of the primary judge sought to be impugned. The Court noted that appeals from a section 56A appeal are confined to questions of law, and that leave to appeal is required even though the primary judge's decision was final.

The Court found that there was no error of law in the dispositive reasoning of the primary judge. Consequently, leave to appeal was refused.