Vella v Penrith City Council [2019] NSWLEC 62

Vella v Penrith City Council [2019] NSWLEC 62

Leave was granted for the applicant to rely on amended plans as there was no opposition, subject to the applicant paying costs thrown away by the first respondent. The Department of Education was joined as a party due to the public interest in ensuring compliance with childcare policy, as joining would not prejudice or delay the hearing.

Parties
Applicant: Jesse James David Vella; First Respondent: Penrith City Council; Second Respondent: NSW Department of Education
Jurisdiction
Australia
Judgment Date
16 April 2019
Procedural Posture
Class 1 Appeal (land and Environment Court) / Interlocutory (procedural Ruling on Amended Plans and Joinder)
Outcome
Orders made granting leave to rely on amended plans, awarding thrown away costs, and joining the Department of Education as Second Respondent.
Legal Topics
Joinder of Parties, Amended Plans, Costs, Public Interest Standing
Environmental Law Planning Law Administrative Law Joinder of Parties Amended Plans Costs Public Interest Standing

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Parties

Jesse James David Vella

Applicant

Penrith City Council

First Respondent

NSW Department of Education

Second Respondent

Procedural Posture

Class 1 Appeal (land and Environment Court) / Interlocutory (procedural Ruling on Amended Plans and Joinder)

Legal Issues

  1. 1 Whether leave should be granted for the applicant to rely on amended plans
  2. 2 Whether the NSW Department of Education should be joined as a party
  3. 3 Who should bear the costs resulting from the amendment of the application

Ratio Decidendi

Leave was granted for the applicant to rely on amended plans as there was no opposition, subject to the applicant paying costs thrown away by the first respondent. The Department of Education was joined as a party due to the public interest in ensuring compliance with childcare policy, as joining would not prejudice or delay the hearing.

Court Disposition

Orders made granting leave to rely on amended plans, awarding thrown away costs, and joining the Department of Education as Second Respondent.

Orders

  • The Applicant is given leave to rely on amended plans;
  • Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the costs of the First Respondent that have been thrown away as a result of the amendment of the application for development consent;