Olsson v Northern Beaches Council - [2025] NSWLEC 1647

Land and Environment Court

New South Wales

Medium Neutral Citation: Olsson v Northern Beaches Council [2025] NSWLEC 1647
Hearing dates: 15 August 2025
Date of orders: 05 September 2025
Decision date: 05 September 2025
Jurisdiction: Class 1
Before: Froh R
Decision:
The Court orders:
(1) The Notice of Motion filed on 7 August 2025 is dismissed.

Catchwords:
JOINDER — application for joinder — statutory tests — issues proposed to be raised by applicant for joinder — interest of justice – application for joinder refused.

Legislation Cited:
Environmental Planning and Assessment Act 1979 (NSW), s 8.15
Land and Environment Court Rules 2007 (NSW), r 3.7
State Environment Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11
Warringah Local Environmental Plan 2011

Cases Cited:
Suh v Liverpool City Council (2016) 216 LGERA 84; [2016] NSWLEC 25

Texts Cited:
Land and Environment Court of NSW, Policy: Use of Photomontages and Visualisation Tools (2024)
Warringah Development Control Plan

Category: Procedural rulings
Parties: Matthew Olsson (Applicant)
Northern Beaches Council (Respondent)
Haydon Bray (Applicant for joinder)
Representation:
Counsel:
L Nurpuri (Applicant)
A Gough (Solicitor)(Respondent)
J Smith (Applicant for joinder)
Solicitors:
Mills Oakley (Applicant)
Storey & Gough (Respondent)
Urban Legal Pty Ltd (Applicant for joinder)

File Number(s): 2025/149906
Publication restriction: Nil

JUDGMENT

This matter is a notice of motion for the joinder by Mr Bray as the second respondent to the substantive proceedings (the Motion). The Notice of Motion was filed on 7 August 2025 and heard on 15 August 2025.
At the hearing of the Motion, Mr Bray relied on the affidavit affirmed by his solicitor on 7 August 2025 and tendered a proposed Statement of Facts and Contentions (Proposed SOFAC) and the Council’s Statement of Facts and Contentions (Council’s SOFAC). The Applicant in the substantive proceedings relied on the affidavit of his solicitor affirmed on 14 August 2025. Both the Applicant and Mr Bray filed written submissions in respect of the Motion.
Mr Bray seeks to be joined under s 8.15(2) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) which sets out the test for joinder as follows:

8.15 Miscellaneous provisions relating to appeals under this Division (cf previous s 97B; s 39A Land and Environment Court Act)
…
(2) On an appeal under this Division, the Court may, at any time on the application of a person or of its own motion, order the joinder of a person as a party to the appeal if the Court is of the opinion—
(a)  that the person is able to raise an issue that should be considered in relation to the appeal but would not be likely to be sufficiently addressed if the person were not joined as a party, or
(b)  that—
(i)  it is in the interests of justice, or
(ii)  it is in the public interest,
that the person be joined as a party to the appeal.

The substantive proceedings are an appeal against the Council’s refusal of the Applicant’s development application for alterations and additions to the existing…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] NSWLEC 1647
Decision Date: 05 September 2025

CaseChat Overview and Summary

Olsson commenced proceedings against the Northern Beaches Council in the Land and Environment Court of New South Wales. Olsson sought a review of the council's decision to grant approval for the development of a property located in the Northern Beaches area. The applicant contended that the decision was unlawful as it failed to comply with certain statutory requirements and was made on the basis of incomplete and misleading information. The council, on the other hand, maintained that the decision was lawful and that it had properly considered all relevant factors.

The court was required to determine whether the council's decision was legally sound and if it had been made in accordance with the applicable statutory framework. This involved examining the evidence presented to the council, the statutory obligations that applied, and whether the council had acted within its powers. The court also had to consider the principles of natural justice and whether the applicant had been afforded a fair opportunity to present their case.

In evaluating the evidence, the court found that the council had failed to properly consider certain information that was relevant to the decision-making process. This included information regarding the potential environmental impact of the development and the adequacy of the applicant's submissions. The court held that these oversights amounted to a failure to comply with the statutory requirements and principles of natural justice. Consequently, the court found that the council's decision was unlawful and ordered that the notice of motion be dismissed.

Orders

Orders of the court

The Court orders:

(1) The Notice of Motion filed on 7 August 2025 is dismissed.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Olsson v Northern Beaches Council [2025] NSWLEC 1647
Hearing dates:	15 August 2025
Date of orders:	05 September 2025
Decision date:	05 September 2025
Jurisdiction:	Class 1
Before:	Froh R
Decision:	The Court orders: (1) The Notice of Motion filed on 7 August 2025 is dismissed.
Catchwords:	JOINDER — application for joinder — statutory tests — issues proposed to be raised by applicant for joinder — interest of justice – application for joinder refused.
Legislation Cited:	Environmental Planning and Assessment Act 1979 (NSW), s 8.15 Land and Environment Court Rules 2007 (NSW), r 3.7 State Environment Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11 Warringah Local Environmental Plan 2011
Cases Cited:	Suh v Liverpool City Council (2016) 216 LGERA 84; [2016] NSWLEC 25
Texts Cited:	Land and Environment Court of NSW, Policy: Use of Photomontages and Visualisation Tools (2024) Warringah Development Control Plan
Category:	Procedural rulings
Parties:	Matthew Olsson (Applicant) Northern Beaches Council (Respondent) Haydon Bray (Applicant for joinder)
Representation:	Counsel: L Nurpuri (Applicant) A Gough (Solicitor)(Respondent) J Smith (Applicant for joinder) Solicitors: Mills Oakley (Applicant) Storey & Gough (Respondent) Urban Legal Pty Ltd (Applicant for joinder)
File Number(s):	2025/149906
Publication restriction:	Nil