Wirrabara Village Pty Limited v The Hills Shire Council [2018] NSWLEC 6

Wirrabara Village Pty Limited v The Hills Shire Council [2018] NSWLEC 6

Expedition was granted because the likely expiry of the SCC would deprive the Court of jurisdiction to consider the DA, placing the proposal at risk and causing hardship to the Applicant who had expended substantial resources, in circumstances where the Council had already had a lengthy opportunity to consider the proposal through the SCC and DA processes, and where the statutory regime indicates time is of the essence in planning decisions.

Jurisdiction
Australia
Judgment Date
27 February 2018
Procedural Posture
Class 1 Application (development Appeal) / Interlocutory Application for Expedition
Outcome
Application for expedition granted; proceedings to be expedited
Legal Topics
['development Application' 'deemed Refusal' 'expedition of Proceedings' 'site Compatibility Certificate' 'environmental Planning' 'housing for Seniors']
['planning Law' 'administrative Law'] ['development Application' 'deemed Refusal' 'expedition of Proceedings' 'site Compatibility Certificate' 'environmental Planning' 'housing for Seniors']

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Procedural Posture

Class 1 Application (development Appeal) / Interlocutory Application for Expedition

Legal Issues

  1. 1 ['Whether the proceedings should be expedited due to imminent expiry of the site compatibility certificate (SCC)' 'Whether the Respondent Council would suffer prejudice if expedition is granted']

Ratio Decidendi

Expedition was granted because the likely expiry of the SCC would deprive the Court of jurisdiction to consider the DA, placing the proposal at risk and causing hardship to the Applicant who had expended substantial resources, in circumstances where the Council had already had a lengthy opportunity to consider the proposal through the SCC and DA processes, and where the statutory regime indicates time is of the essence in planning decisions.

Court Disposition

Application for expedition granted; proceedings to be expedited

Orders

  • ['That the proceedings be expedited.' 'That the s 34 conciliation process be dispensed with so that the proceedings can proceed straight to hearing.' 'That the parties have leave to attend the Registrar for the making of such other order as are necessary to facilitate expedition.']