Jenkins v Leichhardt Council [2000] NSWLEC 150

Jenkins v Leichhardt Council [2000] NSWLEC 150

Limited participation by resident objectors is justified where the Council has changed its position on development consent, and allowing participation will not cause unfairness to the applicant. Such participation promotes the interests of justice and falls within the Court's discretion under s 38(2) of the Act.

Parties
Applicant: Jenkins; Respondent: Leichhardt Council
Jurisdiction
Australia
Judgment Date
11 July 2000
Procedural Posture
Development Appeal / Interlocutory Motion for Participation by Objectors
Outcome
Notice of Motion granted
Legal Topics
Resident Objector Participation, Development Appeals, Practice and Procedure
Planning and Environment Law Resident Objector Participation Development Appeals Practice and Procedure

Case Brief

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Parties

Jenkins

Applicant

Leichhardt Council

Respondent

Procedural Posture

Development Appeal / Interlocutory Motion for Participation by Objectors

Legal Issues

  1. 1 Should resident objectors be granted leave for limited participation in a hearing of a development appeal?

Ratio Decidendi

Limited participation by resident objectors is justified where the Council has changed its position on development consent, and allowing participation will not cause unfairness to the applicant. Such participation promotes the interests of justice and falls within the Court's discretion under s 38(2) of the Act.

Court Disposition

Notice of Motion granted

Orders

  • Pursuant to s 38(2) of the Court Act, resident objectors named in the Notice of Motion filed 4 July 2000 are granted leave to participate at the hearing by legal representation, adducing expert evidence (Kim Burrell's report), adducing lay evidence (limited to two residents whose statements are to be filed and...
  • Participation is subject to any procedural directions given by the Presiding Commissioner in the interest of fairness and efficiency.