Welsh Property Consulting Pty Ltd v The Hills Shire Council

Land and Environment Court New South Wales Medium Neutral Citation: Welsh Property Consulting Pty Ltd v The Hills Shire Council [2016] NSWLEC 84 Hearing dates:18 December 2015; 1 June 2016; written submissions 5 July 2016Date of orders: 14 July 2016 Decision date: 14 July 2016 Jurisdiction:Class 1Before: Sheahan J Decision: (1) By consent, and with the leave of the Court, the appeal brought by the Applicant pursuant to s 56A of the Land and Environment Court Act 1979 (matter no. 2016/150109, formerly 15/10750) is discontinued.(2) The Applicant is to pay the Respondent’s costs of that s 56A appeal in the agreed sum of $32,000.(3) The appeal books filed in the s 56A appeal may be returned.(4) The Notice of Motion recently filed jointly by the parties in the Applicant’s Class 1 appeal (matter no. 2016/166969, formerly 14/11090) is dismissed, with each party to pay its own respective costs of it.(5) The Council’s Notice of Motion of 13 August 2015, seeking its costs of the Class 1 appeal, is stood over to the Registrar’s list on Thursday 28 July 2016. Catchwords: APPEAL: Discontinuation of a section 56A appeal while judgment was reserved – application to overturn the appealed decision without reasons, and grant a development consent – principles to apply – costs. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Baulkham Hills Shire Council v Basemount Pty Ltd [2003] NSWCA 189; 126 LGERA 339 Teoh v Hunters...