MBM Legal + Conveyancing

Browse some examples in which Martin has acted for a party

AMT Planning Consultants Pty Ltd t/as Coastplan Consulting v Central Coast Council [2018] NSWCA 289

PLANNING LAW – existing use rights – development consents granted in 1980 and early 1983 for use as a caravan park – conditions restricted use of the caravan park to short term accommodation – use as a caravan park prohibited from 5 May 1983 – whether existing use rights as a caravan park limited to short term accommodation – whether conditions can be taken into account in characterising existing use – whether a condition referring to the Council’s Caravan Code had an ambulatory operation.

Verde Terra Pty Ltd v Environment Protection Authority (No 3) [2018] NSWLEC 161

APPLICATION FOR JOINDER – application by council to be joined to Class 1 appeal seeking variation to the Environment Protection Licence for a landfill located in the council’s local government area – application opposed by operator of the landfill – application not opposed by the Environment Protection Authority – if joinder rejected, alternative basis for participation sought pursuant to a “Double Bay Marina” order – tests for joinder pursuant to r 6.24(1) of the Uniform Civil Procedure Rules 2005 (UCPR) – Draft Statement of Facts and Contentions in Reply tendered by applicant for joinder – two contentions proposed to be relied upon if joinder granted – proposed contentions considered against tests UCPR r 6.24(1) – multiple bases established as warranting joinder – joinder ordered.

Norcross Pictorial Calendars Pty Ltd v Central Coast Council [2018] NSWSC 1475

CIVIL PROCEDURE – application for claim to be summarily dismissed or struck out

Coastplan Consulting v Central Coast Council [2018]
NSWLEC 47

DEVELOPMENT APPLICATION – appeal against refusal of development application – use prohibited in the zone – whether use covered by existing use rights – whether existing use rights limited to short-term caravan accommodation – applicable principles

Central Coast Council v 40 Gindurra Road Somersby Pty Ltd [2018] NSWLEC 79

INTERLOCUTORY APPLICATION – application to restrain filling of land – filling allegedly in contravention of development consents and complying development certificate – serious question to be heard – balance of convenience, including protecting public interest, favours restraining the filling until serious questions heard and determined –interlocutory injunction granted

Hunter v Central Coast Council [2017] NSWLEC 154

COSTS – not fair and reasonable to award partial costs in Class 1 proceedings – no extraneous purpose in challenge to voluntary planning agreement established – no failure to produce documents in timely fashion in circumstances – no failure to unreasonably pursue various contentions

Norman McDonald & Anor v Central Coast Council [2017] NSWLEC 1090

DEVELOPMENT APPLICATION – alterations and additions to the Avoca Beach Theatre; mixed use development; impact on the heritage qualities and character of the Avoca Beach Theatre; parking.

Kevin Gregory and Patricia Gregory v Central Coast Council [2017] NSWLEC 1400

APPEAL – development application for a four storey boarding house pursuant to State Environmental Planning Policy (Affordable Rental Housing) 2009 – compatibility with the character of the local area – meaning of design of the development in clause 30A of the SEPP

Toner Design Pty Ltd v Newcastle City Council [2012] NSWLEC 248 and on appeal Toner Design Pty Ltd v Newcastle City Council [2013] NSWCA 410

Designated Development – application of the tests in the regulation – “treatment” and/or “storage” of contaminated soils on the subject site in preparation for development.

APPEAL – determination on a separate question by primary judge – whether primary judge erred in construction of statutory provision – whether primary judge erred in law in application of the provision

ENVIRONMENT and PLANNING – whether development classified as designated development – exception where development ancillary to and not proposed to be carried out independently of other development

WORDS and PHRASES – “ancillary to” – “not proposed to be carried out independently of” – Environmental Planning and Assessment Regulation 2000 (NSW), Sch 3 cl 37A

Friends of King Edward Park Inc v Newcastle City Council [2012] NSWLEC 113

COSTS – whether security for costs should be ordered in judicial review proceedings – public interest litigation exception.

EVIDENCE – expert evidence – whether direction should be made for expert evidence in judicial review proceedings – whether expert evidence reasonably required to resolve the proceedings – relevance of allegation that consent authority was under a duty to inquire.

Newcastle Muslim Association Incorporated v Newcastle City Council [2012] NSWLEC 20

Expert Evidence – whether leave should be granted to the parties to a Class 1 development refusal appeal to provide copies of expert reports to objectors who wish to consider them for the purposes of their objections to the amended proposal – implied undertaking of a party not to use documents provided by the other party under compulsion of the Court other than for the purposes of the proceedings until received in evidence except with the leave of the Court – whether provision of expert reports to objectors to development application would breach the undertaking – whether leave should be granted to provide expert reports to objectors – discretion.

Save Our Figs Inc v General Manager Newcastle City Council [2011] NSWLEC 207

Injunction – whether interlocutory injunction should be granted that respondents not cause destruction or removal of certain trees – whether serious question to be tried – whether general manager of council, when discharging function under s 335(1) Local Government Act, was bound to consider an offer by Premier – meaning of obligation to consider – whether balance of convenience favours grant of interlocutory injunction.

Paul Lemottee Project Management Pty Ltd v Port Stephens Council [2009] NSWLEC 1176

Development Application – Residential subdivision, interim access road, drainage, orderly development.

Lawrence Waterhouse Pty Ltd v Port Stephens Council [2008] NSWCA 235

Practice and Procedure – failure to comply with security for costs order – whether appeal should be dismissed – Uniform Civil Procedure Rules 42.21(3)

Hunter Quarries Pty Ltd v Minister for Planning [2006] NSWLEC 637

Condition of consent for a quarry, 94 contribution for road maintenance, standard of maintenance required, equivalent standard axle ratio (ESA), design loading for pavement, design life of the pavement, change of frequency of trucks using the road during the design life.

GWH Buildings Pty Limited v Great Lakes City Council [2004] NSWLEC 557

Development Application:– highway service centre – economic and social impacts – public interest Development application: – threatened species – species impact statement is required Evidence:- expert evidence – court appointed experts – adoption of experts’ reports.

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