Pittwater Council v Ryan

Land and Environment Court New South Wales Medium Neutral Citation: Pittwater Council v Ryan [2016] NSWLEC 5 Hearing dates:12 February 2016Date of orders: 12 February 2016 Decision date: 12 February 2016 Jurisdiction:Class 4Before: Pain J Decision: (1) The Respondent’s Notice of Motion dated 23 December 2015 is dismissed. (2) The Council’s costs of the Notice of Motion dated 23 December 2015 are to be paid by Mr Ryan. Catchwords: PROCEDURE – suspension of timetable in civil enforcement proceedings to enable modification applications under s 96 of EPA Act not made – if granted modification applications will not resolve all substantive issues in the proceedings – costs not saved by suspension of timetable – proposal to make modification application made late in context of history of the land and the proceedings Legislation Cited: Civil Procedure Act 2005 (NSW), s 58(1)(a)(ii) Environmental Planning and Assessment Act 1979 (NSW), s 124(3) Protection of the Environment Operations Act 1997 (NSW) Cases Cited: Casley v Wagga Wagga Shire Council [2010] NSWLEC 140 Sahade v The Owners – Strata Plan No 62022 and Ors [2006] NSWLEC 770 Category:Procedural and other rulingsParties: Pittwater Council (Applicant) Daniel Patrick Ryan (Respondent) Representation: COUNSEL: A Stafford (Applicant) J Smith (Respondent)   SOLICITORS: King & Wood Mallesons (Applicant) Staunton & Thompson (Respondent) File Number(s):40949 of 2015EX tempore Judgment ON NOTICE OF MOTION Pittwater Council has commenced proceedings seeking declarations of unlawful development on a property in Ingleside owned by Mr Ryan, and of carrying out prohibited development as a waste or resource...