Vanmeld Pty Limited v. Fairfield City Council [1998] NSWLEC 136

Vanmeld Pty Limited v. Fairfield City Council [1998] NSWLEC 136

There was insufficient evidence to grant a declaration that none of the applicant's land was within a floodway under the LEP; the court declined to make orders for separate determination of questions due to lack of consent and assertion of prejudice, but adjourned proceedings to allow further evidence for the alternative relief sought.

Parties
Applicant: Vanmeld Pty Limited; Respondent: Fairfield City Council
Jurisdiction
Australia
Judgment Date
29 May 1998
Procedural Posture
Class 1 and Class 4 Proceedings / Further Hearing and Procedural Adjournment
Outcome
Class 4 application prayer 1 dismissed; leave granted to adduce further evidence for prayer 2; proceedings adjourned
Legal Topics
Development Application, Floodway Definition, Local Environmental Plan, Declaratory Relief, Procedural Orders
Environmental Law Administrative Law Development Application Floodway Definition Local Environmental Plan Declaratory Relief Procedural Orders

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Parties

Vanmeld Pty Limited

Applicant

Fairfield City Council

Respondent

Procedural Posture

Class 1 and Class 4 Proceedings / Further Hearing and Procedural Adjournment

Legal Issues

  1. 1 Whether any or part of the applicant's land is within a floodway as defined by the Fairfield Local Environmental Plan 1994
  2. 2 Construction of the term 'floodway' in cl 13(3) of the LEP
  3. 3 Power of the court to separate and answer legal questions

Ratio Decidendi

There was insufficient evidence to grant a declaration that none of the applicant's land was within a floodway under the LEP; the court declined to make orders for separate determination of questions due to lack of consent and assertion of prejudice, but adjourned proceedings to allow further evidence for the alternative relief sought.

Court Disposition

Class 4 application prayer 1 dismissed; leave granted to adduce further evidence for prayer 2; proceedings adjourned

Orders

  • Class 4 proceedings adjourned to Registrar's callover list on 5 June 1998 for hearing of further evidence and timetable establishment
  • Leave granted to parties to adduce further evidence for prayer 2