Maxwell and anor v Warringah Council and anor (No 2) [2004] NSWLEC 522

Maxwell and anor v Warringah Council and anor (No 2) [2004] NSWLEC 522

Leave to amend is granted to the extent of permitting ancillary or minor amendments related to stormwater swales and adjustments to protection zones, but wider amendments (including those to Environmental Management Plans and additional stormwater works/devices) are held over pending more particulars. All costs of the 16 September hearing are to be paid by applicants. Orders are made for directions governing provision of plans, evidence and estimates of wasted costs, with liberty to relist and a further hearing fixed on whether additional leave to amend should be granted.

Jurisdiction
Australia
Judgment Date
17 September 2004
Procedural Posture
Appeal Against Refusal of Development Application (class 1) / Interlocutory Decision on Application to Amend Development Application and Costs
Outcome
Partial grant of leave to amend; costs orders against applicants for 16 September hearing; detailed directions made for filing of materials and costs estimates; matter listed for further hearing.
Legal Topics
['development Application Amendment' 'costs' 'stormwater Mitigation' 'environmental Management' 'subdivision Control' 'leave to Amend']
['planning and Environment Law'] ['development Application Amendment' 'costs' 'stormwater Mitigation' 'environmental Management' 'subdivision Control' 'leave to Amend']

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Procedural Posture

Appeal Against Refusal of Development Application (class 1) / Interlocutory Decision on Application to Amend Development Application and Costs

Legal Issues

  1. 1 ['Whether proposed amendments to development application require a fresh application' 'Scope of permissible amendments to subdivision application' 'Appropriate orders for costs incurred due to adjournments and amendments' 'Timing and detail of materials to be filed after amendments' 'Appropriateness of sanctions or security for costs']

Ratio Decidendi

Leave to amend is granted to the extent of permitting ancillary or minor amendments related to stormwater swales and adjustments to protection zones, but wider amendments (including those to Environmental Management Plans and additional stormwater works/devices) are held over pending more particulars. All costs of the 16 September hearing are to be paid by applicants. Orders are made for directions governing provision of plans, evidence and estimates of wasted costs, with liberty to relist and a further hearing fixed on whether additional leave to amend should be granted.

Court Disposition

Partial grant of leave to amend; costs orders against applicants for 16 September hearing; detailed directions made for filing of materials and costs estimates; matter listed for further hearing.

Orders

  • ['Directions 3,4,5,6,7 of directions of 9 September 2004 are vacated.' 'Applicants to file and serve, by 5pm on 7 October 2004, a plan of all on site stormwater runoff mitigation works (proposed swales) as part of the subdivision application, with supporting evidence and any ancillary works/devices.' 'Applicants to...