Goode v Gwydir Shire Council [2019] NSWLEC 70

Goode v Gwydir Shire Council [2019] NSWLEC 70

The development application was not lodged, assessed, or approved as designated development, and the approved development did not fall within the designated development categories in Pt 1 of Sch 3 of the Environmental Planning and Assessment Regulation 2000. Because Mr Goode was an objector and not the applicant for development consent, he had no statutory right of appeal in Class 1. The Class 1 application therefore disclosed no reasonable cause of action and was dismissed under r 13.4(1)(b) of the Uniform Civil Procedure Rules 2005 and s 31(2)(a) of the Land and Environment Court Act 1979. No costs order was made, particularly because the Council had twice incorrectly indicated that Mr...

Jurisdiction
Australia
Judgment Date
28 May 2019
Procedural Posture
Class 1 Appeal From a Notice of Determination Approving Development Application 13/2018 / Council's Notice of Motion Seeking Dismissal of the Proceedings
Outcome
Applicant's Class 1 proceedings dismissed; exhibits to be returned; no order as to costs.
Legal Topics
['class 1 Jurisdiction' 'designated Development' 'objector Appeal Rights' 'dismissal for No Reasonable Cause of Action' 'judicial Review in Class 4' 'costs in Class 1 Proceedings']
['planning and Environment Law' 'civil Procedure' 'administrative Law'] ['class 1 Jurisdiction' 'designated Development' 'objector Appeal Rights' 'dismissal for No Reasonable Cause of Action' 'judicial Review in Class 4' 'costs in Class 1 Proceedings']

Case Brief

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Procedural Posture

Class 1 Appeal From a Notice of Determination Approving Development Application 13/2018 / Council's Notice of Motion Seeking Dismissal of the Proceedings

Legal Issues

  1. 1 ['Whether the development application was for designated development.' "Whether Mr Goode, as an objector and not the applicant for development consent, had a right of appeal in Class 1 of the Court's jurisdiction." 'Whether the proceedings should be dismissed because they disclosed no reasonable cause of action or were otherwise irregularly commenced in Class 1.' 'Whether any costs order should be made.']

Ratio Decidendi

The development application was not lodged, assessed, or approved as designated development, and the approved development did not fall within the designated development categories in Pt 1 of Sch 3 of the Environmental Planning and Assessment Regulation 2000. Because Mr Goode was an objector and not the applicant for development consent, he had no statutory right of appeal in Class 1. The Class 1 application therefore disclosed no reasonable cause of action and was dismissed under r 13.4(1)(b) of the Uniform Civil Procedure Rules 2005 and s 31(2)(a) of the Land and Environment Court Act 1979. No costs order was made, particularly because the Council had twice incorrectly indicated that Mr...

Court Disposition

Applicant's Class 1 proceedings dismissed; exhibits to be returned; no order as to costs.

Orders

  • ["The applicant's Class 1 proceedings filed on 4 March 2019 are dismissed." 'The exhibits are to be returned.']