Constantine v Blacktown City Council

Land and Environment Court New South Wales Medium Neutral Citation: Constantine v Blacktown City Council [2016] NSWLEC 56 Hearing dates:11 April 2016Decision date: 11 April 2016 Jurisdiction:Class 3Before: Moore J Decision: Leave to amend defence refused Catchwords: AMENDMENT - acquiring authority seeks to amend basis of defence – leave refused Legislation Cited: State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27, 239 CLR 175 Maloney v Minister Administering the Environmental Planning and Assessment Act 1979 [2011] NSWLEC 121; 184 LGERA 386 Category:Procedural and other rulingsParties: Mario Constantine (Applicant) Blacktown City Council (Respondent) Representation: Counsel: Mr I Hemmings SC/Mr S Nash, barrister (Applicant) Mr A Galasso SC (Respondent)   Solicitors: Project Lawyers (Applicant) Ritchie & Castellan (Respondent) File Number(s):30549 of 2015Publication restriction:NoEX TEMPORE JUDGMENT HIS HONOUR: The acquiring authority seeks leave, at the commencement of the proceedings, to amend the basis of its defence to plead, in effect, that I should have regard to the zoning that had pre-existed prior to the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (the Growth Centres SEPP) coming into effect under the relevant Blacktown Local Environmental Plan, that zoning being as Rural 1(a). It is resisted by the Applicant in the proceedings on a variety of bases. I have concluded that it is necessary only to deal with one narrow basis upon which leave to amend is resisted and that is the question that arises from proper consideration of the...