Warriewood Vale Pty Ltd v Northern Beaches Council

Land and Environment Court New South Wales Medium Neutral Citation: Warriewood Vale Pty Ltd v Northern Beaches Council [2016] NSWLEC 77 Hearing dates:16 June 2016Date of orders: 17 June 2016 Decision date: 17 June 2016 Jurisdiction:Class 1Before: Pain J Decision: See par [32] Catchwords: PROCEDURE – application for joinder as party in Class 1 proceedings by owner of adjoining land – operation of density provisions in Pittwater Local Environmental Plan Legislation Cited: Land and Environment Court Act 1979 (NSW), ss 34, 38(2), 39A Pittwater Local Environmental Plan 2014 (NSW), cl 6.1 Cases Cited: Double Bay Marina Pty Ltd v Woollahra Municipal Council (1985) 54 LGRA 313 Freshwater Village Developments Pty Ltd v Warringah Council [2011] NSWLEC 5 Morrison Design Partnership Pty Ltd v North Sydney Council [2007] NSWLEC 802; (2007) 159 LGERA 361 Category:Procedural and other rulingsParties: Warriewood Vale Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: COUNSEL: M Libbey (Intervenors) M Staunton & N Hammond (Applicant) A Stafford (Respondent)   SOLICITORS: LC Muriniti & Associates (Intervenors) Pikes & Verekers Lawyers (Applicant) King & Wood Mallesons (Respondent) File Number(s):16/151186JudgmentApplication for joinder as party This judgment concerns a Notice of Motion dated 10 June 2016 seeking joinder by four people (“the intervenors”) as parties in Class 1 proceedings pursuant to s 39A of the Land and Environment Court Act 1979 (NSW) (“Court Act”). An alternative order is sought relying on s 38(2) of the Court Act. The intervenors own 4 Forest Road Warriewood. The Class 1 appeal has been lodged by the...