W & J Lee Property Investments Pty Ltd v Georges River Council [2018] NSWLEC 103

W & J Lee Property Investments Pty Ltd v Georges River Council [2018] NSWLEC 103

The proposed separate question was ordered because it was confined, potentially dispositive if determined in favour of the Council, largely factual with only limited interpretation issues, expected to take no more than one day, and the applicant for development consent had been adequately informed of the evidentiary basis on which the Council would rely.

Jurisdiction
Australia
Judgment Date
29 June 2018
Procedural Posture
Class 1 Proceedings / Notice of Motion Seeking Determination of a Separate Question
Outcome
Separate question ordered; conciliation conference not vacated at this stage; Allied Pinnacle New South Wales Pty Limited's notice of motion stood over.
Legal Topics
['separate Question' 'designated Development' 'development Consent' 'conciliation Conference']
['environmental and Planning Law' 'civil Procedure'] ['separate Question' 'designated Development' 'development Consent' 'conciliation Conference']

Case Brief

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Procedural Posture

Class 1 Proceedings / Notice of Motion Seeking Determination of a Separate Question

Legal Issues

  1. 1 ['Whether DA2016/0107 is an application for designated development within the meaning of the Environmental Planning and Assessment Act 1979.' 'Whether the proposed designated development issue should be determined as a separate question.']

Ratio Decidendi

The proposed separate question was ordered because it was confined, potentially dispositive if determined in favour of the Council, largely factual with only limited interpretation issues, expected to take no more than one day, and the applicant for development consent had been adequately informed of the evidentiary basis on which the Council would rely.

Court Disposition

Separate question ordered; conciliation conference not vacated at this stage; Allied Pinnacle New South Wales Pty Limited's notice of motion stood over.

Orders

  • ['The matter is set down to be determined as a separate question: Whether DA2016/0107 is an application for designated development within the meaning of the Environmental Planning and Assessment Act 1979?' 'The separate question is set down for hearing commencing at 10.00 am in court on Monday 30 July 2018.' "The...