The Next Generation Pty Limited v Independent Planning Commission (No 2) [2020] NSWLEC 16

The Next Generation Pty Limited v Independent Planning Commission (No 2) [2020] NSWLEC 16

Jacfin Pty Ltd is permitted to be heard as an interested party pursuant to the Court's discretion under s 38(2) of the Land and Environment Court Act 1979 due to the proximity of its land to the site of the development proposal.

Jurisdiction
Australia
Judgment Date
17 February 2020
Procedural Posture
Class 1 / Interlocutory Hearing
Outcome
Application by Jacfin Pty Ltd to be heard as an interested party granted as a matter of discretion under s 38(2) of the Land and Environment Court Act 1979.
Legal Topics
['right to Be Heard' 'discretion to Permit Hearing' 'interested Party Status']
['planning and Environment Law'] ['right to Be Heard' 'discretion to Permit Hearing' 'interested Party Status']

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Procedural Posture

Class 1 / Interlocutory Hearing

Legal Issues

  1. 1 ["Whether Jacfin Pty Ltd is entitled to be heard at the interlocutory hearing under s 8.12(3) of the Environmental Planning and Assessment Act 1979 or at the Court's discretion under s 38(2) of the Land and Environment Court Act 1979"]

Ratio Decidendi

Jacfin Pty Ltd is permitted to be heard as an interested party pursuant to the Court's discretion under s 38(2) of the Land and Environment Court Act 1979 due to the proximity of its land to the site of the development proposal.

Court Disposition

Application by Jacfin Pty Ltd to be heard as an interested party granted as a matter of discretion under s 38(2) of the Land and Environment Court Act 1979.

Orders

  • ['Mr Tomasetti SC for Jacfin Pty Ltd permitted to be heard.']