Stannards Marine Pty Ltd v North Sydney Council [2021] NSWLEC 66

Stannards Marine Pty Ltd v North Sydney Council [2021] NSWLEC 66

Section 8.12(1)(a) is concerned with whether the appeal by the applicant concerns an application for development consent of a kind in respect of which an objector has a right of appeal under the Division, namely designated development, and whether the person is an objector to that application. It is not necessary that the objector be able to exercise the s 8.8(2) right of appeal in the particular circumstances. Although a refusal of consent means the objectors could not exercise a s 8.8(2) appeal, it did not mean they lacked the right of appeal for the purpose of s 8.12(1)(a). The seven objectors were entitled to notice of Stannards' appeal and, having applied within time or with no...

Jurisdiction
Australia
Judgment Date
22 June 2021
Procedural Posture
Class 1 Appeal by Applicant for Development Consent for Designated Development; Notice of Motion Concerning Objectors' Entitlement to Be Heard / Procedural Ruling on Notice of Motion Filed 25 May 2021
Outcome
Notice of motion dismissed; objectors confirmed or ordered to be entitled to be heard at the hearing of the appeal.
Legal Topics
['designated Development' 'development Consent Appeal' 'objectors' 'notice of Appeal' 'entitlement to Be Heard']
['planning and Environment Law' 'practice and Procedure'] ['designated Development' 'development Consent Appeal' 'objectors' 'notice of Appeal' 'entitlement to Be Heard']

Case Brief

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Procedural Posture

Class 1 Appeal by Applicant for Development Consent for Designated Development; Notice of Motion Concerning Objectors' Entitlement to Be Heard / Procedural Ruling on Notice of Motion Filed 25 May 2021

Legal Issues

  1. 1 ["Whether objectors to a development application for designated development, where consent was refused, were entitled under s 8.12(1)(a) of the Environmental Planning and Assessment Act 1979 to be given notice of the applicant's appeal under s 8.7(1)." 'Whether those objectors were entitled under s 8.12(3) of the Environmental Planning and Assessment Act 1979 to be heard at the hearing of the appeal.' "Whether the Registrar's orders entitling three objectors to be heard should be reviewed and set aside."]

Ratio Decidendi

Section 8.12(1)(a) is concerned with whether the appeal by the applicant concerns an application for development consent of a kind in respect of which an objector has a right of appeal under the Division, namely designated development, and whether the person is an objector to that application. It is not necessary that the objector be able to exercise the s 8.8(2) right of appeal in the particular circumstances. Although a refusal of consent means the objectors could not exercise a s 8.8(2) appeal, it did not mean they lacked the right of appeal for the purpose of s 8.12(1)(a). The seven objectors were entitled to notice of Stannards' appeal and, having applied within time or with no...

Court Disposition

Notice of motion dismissed; objectors confirmed or ordered to be entitled to be heard at the hearing of the appeal.

Orders

  • ['Dismisses the notice of motion filed 25 May 2021.' 'Confirms that Friends of Sydney Harbour, the Owners of Strata Plan 63626 and Dr Ron Blombery are entitled to be heard at the hearing of the appeal.' 'Orders that the Owners of Strata Plan 48674, the Owners of Strata Plan 48675, Waverton Public Lands and Waters...