Evolution Planning Pty Ltd v Northern Beaches Council [2017] NSWLEC 1174

Evolution Planning Pty Ltd v Northern Beaches Council [2017] NSWLEC 1174

Joinder was not appropriate because the applicant for joinder did not identify an issue that ought to be raised in the proceedings and would not otherwise be adequately dealt with, and neither the interests of justice nor the public interest warranted joinder. The asserted potential embarrassment was not a reason for joinder, and the proposed contention about the land's capacity to support 28 dwellings concerned theoretical development potential rather than the merits of the particular proposal before the Court. The economic interest of the applicant for joinder in preserving development potential on its own land did not justify joinder. However, because any consent for 4 Forest Road...

Jurisdiction
Australia
Judgment Date
07 April 2017
Procedural Posture
Class 1 Development Appeal; Interlocutory Application for Joinder / Interlocutory Application
Outcome
Application for joinder refused; limited participation permitted under s 38(2) of the Land and Environment Court Act 1979.
Legal Topics
['joinder' 'intervention' 'development Consent Appeal' 'dwelling Density' 'warriewood Valley Release Area' 'double Bay Marina Order']
['planning and Environment Law' 'civil Procedure'] ['joinder' 'intervention' 'development Consent Appeal' 'dwelling Density' 'warriewood Valley Release Area' 'double Bay Marina Order']

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Procedural Posture

Class 1 Development Appeal; Interlocutory Application for Joinder / Interlocutory Application

Legal Issues

  1. 1 ['Whether Warriewood Vale Pty Ltd should be joined as a party under s 39A of the Land and Environment Court Act 1979.' 'Whether the applicant for joinder identified an issue that should be considered in the appeal and would not likely be sufficiently addressed without joinder.' 'Whether joinder was in the interests of justice or the public interest.' 'Whether, if joinder were refused, participation should be permitted under s 38(2) of the Land and Environment Court Act 1979.']

Ratio Decidendi

Joinder was not appropriate because the applicant for joinder did not identify an issue that ought to be raised in the proceedings and would not otherwise be adequately dealt with, and neither the interests of justice nor the public interest warranted joinder. The asserted potential embarrassment was not a reason for joinder, and the proposed contention about the land's capacity to support 28 dwellings concerned theoretical development potential rather than the merits of the particular proposal before the Court. The economic interest of the applicant for joinder in preserving development potential on its own land did not justify joinder. However, because any consent for 4 Forest Road...

Court Disposition

Application for joinder refused; limited participation permitted under s 38(2) of the Land and Environment Court Act 1979.

Orders

  • ['Pursuant to s 38(2) of the Land and Environment Court Act 1979, Warriewood Vale Pty Ltd may participate in the proceedings on the contentions regarding dwelling density (Contention 1, 2 and 4) through the making of legal submissions and calling town planning evidence at the s 34 conciliation conference and at any...