Verde Terra Pty Ltd v Central Coast Council; Central Coast Council v Verde Terra Pty Ltd (No 7)

Verde Terra Pty Ltd and Central Coast Council were involved in a legal dispute before the Land and Environment Court of New South Wales. The central issue was the validity and compliance of certain land development approvals granted by the Council to Verde Terra. Verde Terra sought to challenge the procedural fairness of the approval process and the decisions themselves, arguing that they were unlawful and should be set aside. Conversely, the Council defended the legitimacy of the approvals and sought to uphold the decisions, maintaining they were in accordance with the relevant planning laws and regulations.

The court was tasked with determining whether the approval process was conducted in a manner that complied with the statutory requirements, particularly under the Environmental Planning and Assessment Act 1979 (NSW). This included examining whether the Council provided Verde Terra with a reasonable opportunity to be heard, and if the decisions were based on relevant considerations and were rational and lawful. Additionally, the court had to assess the admissibility of certain affidavits presented by Verde Terra, which were central to their claims of procedural unfairness and unlawfulness.

In its judgment, the court found that the approval process was generally fair and in compliance with statutory requirements. The court held that the Council had provided Verde Terra with adequate opportunity to be heard and that the decisions were based on relevant considerations. The affidavits tendered by Verde Terra were deemed inadmissible due to procedural errors and late filing, which led to the refusal of their tender. The court ordered that Verde Terra pay the Council’s costs associated with the motion, reflecting the unsuccessful nature of their claims. The orders also included specific directions regarding the costs to be paid, as outlined in the court's reasons.