Regional Architects Pty Ltd v Coffs Harbour City Council [2021] NSWLEC 29

Regional Architects Pty Ltd v Coffs Harbour City Council [2021] NSWLEC 29

It was fair and reasonable to order the Applicant to pay a substantial part of the Council's costs because the development application for a large subdivision on an environmentally sensitive site was poorly prepared and lacked essential information required by law and necessary for proper assessment, including information concerning EEC, threatened species, engineering, stormwater and vegetation clearing. Those deficiencies persisted through the proceedings, with important material provided late, very late, or not at all, and the Applicant unreasonably failed to obtain adequate hydrological evidence on the fundamental EEC issue. The circumstances in r 3.7(3)(b) and r 3.7(3)(d) were...

Jurisdiction
Australia
Judgment Date
07 April 2021
Procedural Posture
Class 1 Development Appeal Costs Application / Notice of Motion for Costs After the Applicant Discontinued the Proceedings on Day Five of a Seven Day Hearing
Outcome
Costs application substantially allowed; the Applicant was ordered to pay three quarters of the Council's costs of the proceedings and the Council's costs of the costs application.
Legal Topics
['costs in Class 1 Proceedings' 'unreasonable Delay in Providing Documents' 'unreasonable Conduct of Proceedings' 'development Application Information Requirements' 'discontinuance' 'biodiversity and Threatened Species Assessment' 'stormwater and Engineering Information']
['planning and Environment' 'costs' 'development Appeals'] ['costs in Class 1 Proceedings' 'unreasonable Delay in Providing Documents' 'unreasonable Conduct of Proceedings' 'development Application Information Requirements' 'discontinuance' 'biodiversity and Threatened Species Assessment' 'stormwater and Engineering Information']

Case Brief

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Procedural Posture

Class 1 Development Appeal Costs Application / Notice of Motion for Costs After the Applicant Discontinued the Proceedings on Day Five of a Seven Day Hearing

Legal Issues

  1. 1 ['Whether it was fair and reasonable under r 3.7 of the Land and Environment Court Rules 2007 (NSW) to order costs in Class 1 proceedings.' 'Whether the Applicant failed to provide, or unreasonably delayed in providing, information or documents required by law or necessary for the Council to properly consider the development application.' "Whether the Applicant acted unreasonably in the conduct of the proceedings by failing to respond to or address the Council's contentions." 'Whether the Applicant continued the appeal without reasonable prospects of success.' 'Whether discontinuance on day five of the hearing justified a costs order in the overall circumstances.' "Whether the Council's delay in filing the costs notice of motion should affect any costs order."]

Ratio Decidendi

It was fair and reasonable to order the Applicant to pay a substantial part of the Council's costs because the development application for a large subdivision on an environmentally sensitive site was poorly prepared and lacked essential information required by law and necessary for proper assessment, including information concerning EEC, threatened species, engineering, stormwater and vegetation clearing. Those deficiencies persisted through the proceedings, with important material provided late, very late, or not at all, and the Applicant unreasonably failed to obtain adequate hydrological evidence on the fundamental EEC issue. The circumstances in r 3.7(3)(b) and r 3.7(3)(d) were...

Court Disposition

Costs application substantially allowed; the Applicant was ordered to pay three quarters of the Council's costs of the proceedings and the Council's costs of the costs application.

Orders

  • ["Pursuant to the Council's notice of motion dated 28 September 2020 the Applicant is to pay three quarters of the Council's costs incurred in the proceedings as agreed or assessed." "The Applicant is to pay the Council's costs of this costs application." 'The exhibits are returned.']