Abdo v Fairfield City Council; Tony & Janet Partners Pty Ltd v Fairfield City Council; Abdo v Fairfield City Council [2012] NSWLEC 233

Abdo v Fairfield City Council; Tony & Janet Partners Pty Ltd v Fairfield City Council; Abdo v Fairfield City Council [2012] NSWLEC 233

Because the parties substantially agreed on separate resolution of Contention 1 and the question involved the construction of the LEP as to permissibility or prohibition, the Court considered separation sensible and approved listing Contention 1 for determination as a preliminary point of law in advance of the section 34 conciliation conference, if possible.

Jurisdiction
Australia
Judgment Date
17 October 2012
Procedural Posture
Class 1 Appeals Concerning Related Proposals for Development of Boarding Houses in Fairfield Council's Area / Notice of Motion Referred to the Duty Judge Seeking Listing of Contention 1 for Determination as a Preliminary Point of Law Before the Section 34 Conciliation Conference
Outcome
Notice of Motion granted to the extent that Contention 1 is to be listed for determination as a preliminary point of law before the section 34 conciliation conference, if possible; costs to be costs in the cause.
Legal Topics
['class 1 Development Appeals' 'boarding House Development Proposals' 'preliminary Point of Law' 'permissibility or Prohibition Under Local Environmental Plan' 'section 34 Conciliation Conference']
['planning and Environment Law' 'practice and Procedure'] ['class 1 Development Appeals' 'boarding House Development Proposals' 'preliminary Point of Law' 'permissibility or Prohibition Under Local Environmental Plan' 'section 34 Conciliation Conference']

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Procedural Posture

Class 1 Appeals Concerning Related Proposals for Development of Boarding Houses in Fairfield Council's Area / Notice of Motion Referred to the Duty Judge Seeking Listing of Contention 1 for Determination as a Preliminary Point of Law Before the Section 34 Conciliation Conference

Legal Issues

  1. 1 ["Whether Contention 1 of the respondent's Statement of Facts and Contentions should be determined separately as a preliminary point of law before the section 34 conciliation conference." 'Whether the proposals are prohibited by the terms of the relevant Local Environmental Plan and/or by correctly testing the provisions of the LEP for equivalence with the model provisions.' 'Whether the separate question should be heard before a Judge before 7 November 2012 or on the dates allocated for the section 34 conference.']

Ratio Decidendi

Because the parties substantially agreed on separate resolution of Contention 1 and the question involved the construction of the LEP as to permissibility or prohibition, the Court considered separation sensible and approved listing Contention 1 for determination as a preliminary point of law in advance of the section 34 conciliation conference, if possible.

Court Disposition

Notice of Motion granted to the extent that Contention 1 is to be listed for determination as a preliminary point of law before the section 34 conciliation conference, if possible; costs to be costs in the cause.

Orders

  • ["That contention 1 of the respondent's Statement of Facts and Contentions be listed for determination as a preliminary point of law in advance of the section 34 conciliation conference listed on 7 and 8 November 2012, if possible." 'Costs to be costs in the cause.']