Association for Better Living and Education Inc v Wyong Shire Council

Land and Environment Court New South Wales Medium Neutral Citation: Association for Better Living and Education Inc v Wyong Shire Council [2014] NSWLEC 96 Hearing dates:10-11 July 2014Decision date: 11 July 2014 Jurisdiction:Class 1Before: Biscoe J Decision: (1) Order that the following contentions be determined separately and in advance of any other contentions or questions in the proceedings:(a) the contentions set out in paragraph B1(1) of Part B of the Statement of Facts and Contentions filed by the respondent on 12 June 2014; and(b) the contentions set out in paragraph 1 of Part B of the Statement of Facts and Contentions in reply filed by the applicant on 23 June 2014.(2) The exhibits may be returned.(3) Directions in relation to evidence and submissions for the preliminary hearing in accordance with short minutes of order of today's date. Catchwords: SEPARATE QUESTION - whether in Class 1 proceedings there should be orders for separate and preliminary determination of whether proposed development is prohibited Legislation Cited: Land and Environment Court Act 1979 s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009 s 42 Wyong Local Environmental Plan 1991 cl 7 Cases Cited: Hrsto v Canterbury City Council [2013] NSWLEC 195 Category:Separate questionParties: Association for Better Living and Education Inc (Applicant) Wyong Shire Council (Respondent) Representation: A M Pickles (Applicant) I Hemmings SC (Respondent) Brock Partners (Applicant) Wyong Shire Council (Respondent) File Number(s):10302/14 EX TEMPORE JudgmentThis is a contested motion for an order for preliminary determination of an issue as to whether a...