Rozelle Village Pty Ltd v Leichhardt Municipal Council

Land and Environment Court New South Wales Medium Neutral Citation: Rozelle Village Pty Ltd v Leichhardt Municipal Council [2015] NSWLEC 132 Hearing dates:11 August 2015Date of orders: 11 August 2015 Decision date: 11 August 2015 Jurisdiction:Class 4Before: Craig J Decision: (1)   Dismiss the application for an interlocutory injunction. (2)   Stand the matter over to 9.30am on 13 August 2015 to consider any application that might be made by the applicant for an expedited hearing. (3)   Applicant to pay the respondent’s costs of the interlocutory application. Catchwords: INTERLOCUTORY ORDERS – application for interlocutory injunction – consideration of planning proposal by planning authority – denial of procedure fairness – anticipated breach of voluntary planning agreement – serious question to be tried – balance of convenience – whether voluntary planning agreement can constrain Council’s power to amend local environmental plan – effect of Div 4 of Pt 3 Environmental Planning and Assessment Act 1979 (NSW) – sufficient notice of planning proposal – rights and interests of applicant not affected – application dismissed Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Leichhardt Local Environmental Plan 2000 Leichhardt Local Environmental Plan 2013 Category:Procedural and other rulingsParties: Rozelle Village Pty Ltd (Applicant) Leichhardt Municipal Council (Respondent) Representation: Counsel: T To (Applicant) A Galasso SC (Respondent)   Solicitors: C Shaw, Swaab Attorneys (Applicant) M Bonnano, Leichhardt Municipal Council (Respondent) File Number(s):40693 of 2015EX TEMPORE Judgment Rozelle Village Pty Ltd (the Company) has today commenced proceedings in this Court, seeking a permanent injunction to restrain the respondent, Leichhardt...