Harvey v Manly Council

Land and Environment Court New South Wales Medium Neutral Citation: Harvey v Manly Council [2015] NSWLEC 131 Hearing dates:16 July 2015Date of orders: 16 July 2015 Decision date: 16 July 2015 Jurisdiction:Class 1Before: Moore AJ Decision: See [9] Catchwords: JOINDER APPLICATION Legislation Cited: Land and Environment Court Act 1979 Cases Cited: Morrison Design Partnership Pty Ltd v North Sydney Council and Anor [2007] NSWLEC 802 Category:Procedural and other rulingsParties: Karen Belcher (Application for Joinder) Jennifer Harvey (First Applicant) Ben Harvey (Second Applicant) Manly Council ( Respondent) Representation: Counsel: J Reid (First and Second Applicants) B Jackson (Respondent) M Seymour (Applicant for Joinder)   Solicitors: N/A Pikes & Verekers Lawyers (Respondent) Lawyers Chambers (Applicant for Joinder) File Number(s):10461 of 2015Publication restriction:NoEXTEMPORE Judgment HIS HONOUR: The dispute that exists between the Harveys and Manly Council (the Council) is one of a comparatively confined nature as canvassed by the Statement of Facts and Contentions that was filed on 8 July 2015 by the Harveys, and in the Statement of Facts and Contentions in Reply, filed by the Council on 15 July 2015. Ms Belcher, the Applicant for joinder under s 39A of the Land and Environment Court Act 1979 (the Court Act), seeks to go beyond those matters that are in dispute between the substantive Applicant and the Council concerning the setbacks of the first floor of the proposed additions and alterations. In the affidavit of Karen Belcher of 2 July 2015 (read on the motion), at p 10, Ms Belcher’s town planner’s previous...