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Set out below are an expert's comments in relation to the Court processes for the proceedings from here on. You will also find clear suggestions about the role that objectors can play. We can provide submissions that address the amended plans and/or Evidence to the Court at the Hearing.

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"A previous Conciliation Conference was held on site in these proceedings on 21 August 2019 before Commissioner Walsh of the Land and Environment Court.  As there was no agreement between the parties, the Conciliation Conference was terminated and the matter was placed back in the Court list for the allocation of a Hearing. 
 
The proceedings were initially set down for Hearing in late March 2020.  However, the Applicant subsequently filed a Notice of Motion with the Court seeking leave to rely upon amended plans and documents. This presented great difficulty for those required to assess them prior to the March Hearing.  Accordingly, when the Notice of Motion was heard before the Registrar on 5 February 2020, in addition to granting the applicant leave to rely upon the amended plans, she vacated the March Hearing dates.  The parties then prepared a revised timetable for evidence and the Court set the matter down for Hearing on 2, 3, 4 and 7 September 2020.
 
The Hearing will now commence on site at 11am on 2 September 2020, at which time evidence will be taken from any residents who wished to be heard (preferably no more than six (6) speakers) and the Commissioner and representatives of the parties will have an inspection of the site and surrounds.  This process will be similar to what previously occurred back in August 2019, however, there will be a different Commissioner of the Land and Environment Court who will preside.  It is for that reason that fresh evidence will need to be taken from any residents and a further site view will be carried out.
 
In terms of the process for residents to make submissions in relation to the amended plans, it will be no different to what would normally occur when Council notifies a development applicaiton.  Because the Court has granted leave for the Applicant to rely on amended plans, this effectively has changed the development application from the previous scheme to the scheme which is set out in the latest amended plans.  It will be that scheme that needs to be commented upon by residents in their submissions and it will be that scheme which the Court is considering in determining the development application.
 
The Court will not have regard to any previous evidence given by residents to Commissioner Walsh back on 21 August 2019, as upon termination of the Conciliation Conference, those documents are handed back and no longer exist on the Court file.  The previous iterations of the development application are now just an historic fact in the evolution of the application and residents need to focus in any comments on the current proposal as set out in the amended plans.  Therefore, it is suggested that residents avoid commenting on earlier iterations of the development application and focus their attentions on the latest proposal, both in their submissions and in any evidence that they may give to the Court on 2 September 2020.
 
Residents will need to prepare and lodge their submissions with the Council by the date set out in the notification (April 10 - last date to lodge submissions with Mid Coast Council). Council can then have regard to the residents’ submissions in undertaking their assessment of the revised proposal and in framing any amended Statement of Facts and Contentions which will be prepared and filed with the Court.  Whilst Council in preparing its Contentions in relation to the latest proposal will only raise contentions which it can support by expert evidence, the comments of the residents are still something that the Court is obliged to have regard to as part of its consideration of the public interest. 
 
In this regard, I should point out that it is not Council that is determining the development application, as it is the Land and Environment Court that will be the determining authority once it hears the matter in September and has regard to the evidence which is put forward by each party.
 
As part of Council’s case, Council will be preparing a bundle of documents which will contain full copies of all of the residents’ submissions which have been made to the development application.  Therefore, it will not be necessary for any residents who do give evidence at the Hearing to provide copies of their previous submissions.  However, if they will be preparing a submission which they will read or speak to at the time they do give evidence on site, then copies of that can be provided to the Council’s solicitor at the site view so that it can be provided to the Court.  However, if this is proposed to occur, residents who give evidence should bring three (3) copies of that presentation so that a copy can also be given to the Applicant’s Solicitor as well as the Court.
 
As occurred back in August, prior to the Hearing, we will sending letters out to those residents who lodged submissions confirming the dates for the Hearing and indicating to them that they are able to give evidence at the site view on 2 September 2020.  That letter will invite persons who wish to be heard to contact our office and indicate their intention to give evidence so that we are in a position to prepare a List of Objectors which needs to be filed with the Court seven (7) days prior to the Hearing.  That document will set out the names of the persons who will be giving evidence as well as giving details of the page number for their submission within Council’s bundle of documents.  It is for this reason that we put a date in our letter by which we need to be contacted so that the List of Objectors can be prepared in accordance with the Court’s requirements. 
 
Following the site view and hearing evidence from the objectors on 2 September 2020, the Court would then adjourn the matter until 3 September 2020 at 10am at which time the Hearing would commence back in the Land and Environment Court in Sydney.  The Hearing would also continue in Sydney on 4 and 7 September 2020 if required.  The Court is open to the public in Sydney so any residents who wish to attend the Land and Environment Court can do so to observe and hear the proceedings."

 

It would make most sense to coordinate our approach to the opportunity to present evidence at the onsite hearing on September 2 so that there is no duplication of efforts and so that we can guarantee that the speakers provide a succinct but complete cover of all of the crucial issues.