Australian Enterprise Holdings Pty Ltd t-as AEH Group v Camden Council [2010] NSWLEC 70

Australian Enterprise Holdings Pty Ltd t-as AEH Group v Camden Council [2010] NSWLEC 70

The amended material did not convert the development application into a new or original development application. Although the inclusion of subdivision plans created a changed development, the development remained in essence the same mixed use redevelopment of the former Camden High School site, with the same physical form, configuration and use mix. Subdivision was integral to the staged remediation and development and had been identified in the original application form. The Court therefore had power under cl 55 to permit the amendments and, given the absence of prejudice to the council, the early stage of the proceedings, the environmental appropriateness of staged remediation and the...

Jurisdiction
Australia
Judgment Date
06 May 2010
Procedural Posture
Class 1 Appeal Against Conditions Imposed by a Notice of Determination for a Development Application / Notice of Motion for Leave to Rely on Amended Architectural Plans, Subdivision Plans and Additional Expert Material as an Amended Development Application
Outcome
Leave granted to the applicant to rely on amended plans and additional information; applicant ordered to pay the council's costs occasioned by the amendments pursuant to s 97B of the Environmental Planning and Assessment Act 1979.
Legal Topics
['amendment of Development Application Under Cl 55 of the Environmental Planning and Assessment Regulation 2000' 'whether Amendments Constituted a New Development Application' 'subdivision and Staged Remediation and Development' 'costs Under S 97 B of the Environmental Planning and Assessment Act 1979']
['planning and Environment Law' 'development Applications' 'costs'] ['amendment of Development Application Under Cl 55 of the Environmental Planning and Assessment Regulation 2000' 'whether Amendments Constituted a New Development Application' 'subdivision and Staged Remediation and Development' 'costs Under S 97 B of the Environmental Planning and Assessment Act 1979']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Against Conditions Imposed by a Notice of Determination for a Development Application / Notice of Motion for Leave to Rely on Amended Architectural Plans, Subdivision Plans and Additional Expert Material as an Amended Development Application

Legal Issues

  1. 1 ["Whether the applicant's amended architectural plans, community title and strata subdivision plans, and additional expert material constituted an amended development application permitted by cl 55 of the Environmental Planning and Assessment Regulation 2000 or a new and original development application outside the Court's jurisdiction in the Class 1 appeal." 'Whether the Court should exercise its discretion to grant leave to rely on the amended material.' "Whether the amendments were minor for the purpose of s 97B of the Environmental Planning and Assessment Act 1979 and whether the applicant should pay the respondent's costs occasioned by the amendments."]

Ratio Decidendi

The amended material did not convert the development application into a new or original development application. Although the inclusion of subdivision plans created a changed development, the development remained in essence the same mixed use redevelopment of the former Camden High School site, with the same physical form, configuration and use mix. Subdivision was integral to the staged remediation and development and had been identified in the original application form. The Court therefore had power under cl 55 to permit the amendments and, given the absence of prejudice to the council, the early stage of the proceedings, the environmental appropriateness of staged remediation and the...

Court Disposition

Leave granted to the applicant to rely on amended plans and additional information; applicant ordered to pay the council's costs occasioned by the amendments pursuant to s 97B of the Environmental Planning and Assessment Act 1979.

Orders

  • ['Leave is granted to the applicant to rely on the amended architectural plans prepared by Playoust Churcher Architects in the proceedings.' 'Leave is granted to the applicant to rely on the community title subdivision plans prepared by Tasy Moraitis of Denny Linker & Co in the proceedings.' 'Leave is granted to the...