KSK Developments Pty Ltd v Murray Shire Council [2009] NSWLEC 1215

KSK Developments Pty Ltd v Murray Shire Council [2009] NSWLEC 1215

Reid's Farms Pty Ltd did not establish s 39A(a) because the issues it identified were likely to be sufficiently addressed without joinder. The proposed consent orders hearing would require the Council and the applicant to assist the Court with the relevant planning material and statutory assessment, and the Commissioner could assess the planning report, instruments, proposed conditions and objections. Reid's Farms Pty Ltd could give evidence as an objector, and its previous successful Class 4 proceedings did not show that the current issues would not be sufficiently addressed. Some proposed contentions were not proper issues for the Court in these proceedings. Joinder was therefore not...

Jurisdiction
Australia
Judgment Date
13 May 2009
Procedural Posture
Section 97 Appeal From a Deemed Refusal of a Development Application for a Tourist Development on the Murray River / Notice of Motion by Reid's Farms Pty Ltd to Be Joined as a Party to the Proceedings
Outcome
Notice of Motion dismissed; Reid's Farms Pty Ltd was not joined as a party.
Legal Topics
['joinder of Parties' 'third Party Objector' 'development Application Appeal' 'consent Orders Hearing' 'development Consent' 'local Environmental Plan Compliance']
['planning and Environment Law'] ['joinder of Parties' 'third Party Objector' 'development Application Appeal' 'consent Orders Hearing' 'development Consent' 'local Environmental Plan Compliance']

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Procedural Posture

Section 97 Appeal From a Deemed Refusal of a Development Application for a Tourist Development on the Murray River / Notice of Motion by Reid's Farms Pty Ltd to Be Joined as a Party to the Proceedings

Legal Issues

  1. 1 ["Whether Reid's Farms Pty Ltd should be joined as a party under s 39A of the Land and Environment Court Act 1979." "Whether Reid's Farms Pty Ltd was able to raise an issue that should be considered in the appeal but would not be likely to be sufficiently addressed if it were not joined." "Whether the issues raised by Reid's Farms Pty Ltd would be adequately addressed at a consent orders hearing without joinder."]

Ratio Decidendi

Reid's Farms Pty Ltd did not establish s 39A(a) because the issues it identified were likely to be sufficiently addressed without joinder. The proposed consent orders hearing would require the Council and the applicant to assist the Court with the relevant planning material and statutory assessment, and the Commissioner could assess the planning report, instruments, proposed conditions and objections. Reid's Farms Pty Ltd could give evidence as an objector, and its previous successful Class 4 proceedings did not show that the current issues would not be sufficiently addressed. Some proposed contentions were not proper issues for the Court in these proceedings. Joinder was therefore not...

Court Disposition

Notice of Motion dismissed; Reid's Farms Pty Ltd was not joined as a party.

Orders

  • ["The Notice of Motion filed by Reid's Farms Pty Ltd be dismissed."]