27 February 2007 - Ordinary Meeting of Council (pdf. 14MB)

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Ordinary Meeting of Council - 27 February 2007 6 / 6 Item 6 S02466 6 February 2007 SUMMARY BY WARD A summary of Land & Environment Court costs by ward is shown in the following table: Land & Environment Court costs by Ward for the financial year 2006/2007 Comenarra $23,916 6.3% Gordon $11,730 3.1% Roseville $66,335 17.4% St Ives $172,822 45.2% Wahroonga $107,330 28.0% Total Costs $382,133 100.0% OUTCOMES At an early stage of each appeal, Council as respondent, is required to file with the Court a Statement of Issues outlining the grounds which Council asserts as warranting refusal of a development, or alternatively, that may be addressed by way of conditions of consent. In cases where issues raised by Council are capable of resolution by the provision by the applicant of additional information or amendment of the proposal, it is the Court’s expectation that this should occur. The Court’s current practice of appointing a Court-appointed expert witness, rather than allowing the parties to call their own expert evidence, strongly encourages this. In this context, any of three outcomes can be regarded as favorable, namely: 1. If the appeal is in relation to a deemed refusal of an application which, upon assessment, is appropriate for approval: that the development is determined by Council, allowing the appeal to be discontinued by the applicant and avoiding as much as is practicable the incurring of unnecessary legal costs; 2. If the issues raised by Council are capable of resolution by the applicant providing further information, or amending the proposal: that this occurs, so that development consent should be granted, either by Council or the Court; 3. If the issues raised by Council are either not capable of resolution, or the applicant declines to take the steps that are necessary to resolve them: that the appeal is either discontinued by the applicant, or dismissed (refused) by the Court. Of the 31 appeals commenced in the half year ended December 2006, only 6 appeals were resolved in that period. Five of which were discontinued by the applicant. CONSULTATION Not applicable. N:\070227-OMC-SR-03649-ANALYSIS OF LAND ENVIRON.doc/athaide /6
Ordinary Meeting of Council - 27 February 2007 6 / 7 Item 6 S02466 6 February 2007 FINANCIAL CONSIDERATIONS Land & Environment Court legal costs form part of Council’s recurrent operating budget. CONSULTATION WITH OTHER COUNCIL DEPARTMENTS This report has been developed with input from Council’s Corporate Lawyer, Finance & Business and Development & Regulation department Directors. SUMMARY For the half year ended December 2006 Council has expended $382,100 on legal costs and associated expenses in relation to Land & Environment Court matters. This compares to the revised annual budget of $1,600,000, a positive variation of $417,900 for the half year. Actual expenditure for the half year 2006/2007 was $319,200 less than in the same period 2005/2006. RECOMMENDATION That the analysis of Land & Environment Court costs for the second quarter of the financial year 2006/2007 be received and noted. Edwin Athaide Finance & Business Officer Jamie Taylor Corporate Lawyer John Clark Acting Director Finance & Business Michael Miocic Director Development and Regulation Attachment: Individual Case Recommendations December 2006 - 737727 N:\070227-OMC-SR-03649-ANALYSIS OF LAND ENVIRON.doc/athaide /7
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Contents Page Part 1 Introduction 1
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• Participation, equity and acces
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(4) Within 28 days after adopting a
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Part 2 PAYMENT OF EXPENSES GENERAL
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Where applicable the standard of an
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Council shall meet the following co
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Travel Outside the Local Government
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Legal Expenses and Obligations 2.11
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Part 3 PROVISION OF FACILITIES GENE
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Meals and Refreshments Prior to or
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ADDITIONAL EQUIPMENT AND FACILITIES
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Part 4 OTHER MATTERS Acquisition an
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Appendix A: Summary Review Summary
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Department: COMMUNITY SERVICES CC R
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Department: PLANNING & ENVIRONMENT
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27 February 2007 - Ordinary Meeting of Council (pdf. 14MB)

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