Mirvac Homes (NSW) Pty Ltd v Canterbury-Bankstown Council

[2021] NSWLEC 1703

Land and Environment Court

New South Wales

Medium Neutral Citation:	Mirvac Homes (NSW) Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1703
Hearing dates:	16 November 2021
Date of orders:	16 November 2021
Decision date:	16 November 2021
Jurisdiction:	Class 1
Before:	Chilcott C
Decision:	Orders – see [5]
Catchwords:	NOTICE OF MOTION – application to rely on documents
Legislation Cited:	Environmental Planning Assessment Regulation 2000
Category:	Procedural rulings
Parties:	Mirvac Homes (NSW) Pty Ltd (Applicant) Canterbury Bankstown Council (Respondent)
Representation:	Counsel: T Robertson (Applicant) C Ireland (Respondent) Solicitors: Minter Ellison (Applicant) Canterbury-Bankstown Council (Respondent)
File Number(s):	2020/267229
Publication restriction:	No

Judgment

1. COMMISSIONER: By notice of motion, the Applicant seeks leave to rely on further documents and reports, prepared in response to matters that had arisen during the course of the appeal.

2. The appeal concerns the Respondent’s refusal of the Applicant’s development application for the development of land at Riverwood, including for residential use.

3. An affidavit accompanying the notice of motion from Mr Luke Walker, which the Applicant reads in the proceedings, confirms that the Applicant’s further documents and reports have sought to be responsive to matters that have arisen in the proceedings including biodiversity related contentions between the Parties.

4. The Respondent submits that it neither consents nor opposes the grant of leave to rely on the documents and reports sought by the Applicant.

5. As a consequence, the Court makes the following order:

1. the Applicant is granted leave to rely on the following:

1. an updated Riverlands Residential Subdivision Development - Biodiversity Development Assessment Report, prepared by Cumberland Ecology and dated 9 November 2021;

2. an updated Riverlands Development - Keys Parade Connector Road - Biodiversity Development Assessment Report, prepared by Cumberland Ecology and dated 9 November 2021;

3. an updated Riverlands - Georges River Bank Stabilisation - Biodiversity Development Assessment Report, prepared by Cumberland Ecology and dated 9 November 2021;

4. an updated Riverlands Subdivision - Southern Park - vegetation management plan, prepared by Cumberland ecology and dated 9 November 2021;

5. an updated river lands site - Georges River and Northern Creekline Revegetation Works - Vegetation Management Plan, prepared by Cumberland Ecology and dated 9 November 2021;

6. a supplementary Soil Report prepared by Pamela Hazelton and dated 9 November 2021;

7. the report of Prof David Guest regarding pathogens on site at Riverlands Golf Course dated 9 November 2021.

6. It is common ground between the Parties that the documents and reports upon which the Applicant now relies are not materials that are required to form part of the Applicant’s development application pursuant to the provisions of the Environmental Planning assessment Regulation 2000, and they agree that there is no need for the Applicant to amend its development application following the grant of leave for it to rely on those materials in the appeal.

……………………………..

M Chilcott

Commissioner of the Court

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Decision last updated: 17 November 2021