Williams v Warringah Council [2001] NSWLEC 245

Williams v Warringah Council [2001] NSWLEC 245

In special or unusual circumstances, objectors with a direct interest (beyond that of the usual objector) may be granted leave to participate in planning appeal hearings, but such leave should be clearly defined and limited to ensure fairness to the parties and proper conduct of the proceedings.

Jurisdiction
Australia
Judgment Date
20 September 2001
Procedural Posture
Class 1 Planning Appeal / Interlocutory Application for Objectors/interveners' Participation
Outcome
Leave granted to objectors to participate, with defined scope.
Legal Topics
['modification of Development Consent' 'rights of Objectors in Planning Appeal' 'participation of Interveners']
['planning and Environment Law'] ['modification of Development Consent' 'rights of Objectors in Planning Appeal' 'participation of Interveners']

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Procedural Posture

Class 1 Planning Appeal / Interlocutory Application for Objectors/interveners' Participation

Legal Issues

  1. 1 ['Whether objectors with a particular interest should be granted leave to participate in a class 1 planning appeal to oppose a modification of development consent.' 'Scope and limitations of any participation granted to objectors.']

Ratio Decidendi

In special or unusual circumstances, objectors with a direct interest (beyond that of the usual objector) may be granted leave to participate in planning appeal hearings, but such leave should be clearly defined and limited to ensure fairness to the parties and proper conduct of the proceedings.

Court Disposition

Leave granted to objectors to participate, with defined scope.

Orders

  • ['Mr Trumper and Ms Wilkins have leave to participate in the appeal as detailed, including representation, service of materials, adducing evidence, cross-examination (subject to discretion), and making submissions.' 'Mr Wright to file appearance for interveners by close of business tomorrow.' "Matter listed for...