Catholic Metropolitan Cemeteries Trust v Penrith City Council [2021] NSWLEC 5

Catholic Metropolitan Cemeteries Trust v Penrith City Council [2021] NSWLEC 5

Leave to rely on the further amended plans and additional reports is granted because, as amended to remove contentious clubhouse-related elements, the application falls within the permissible scope of reg 55 and does not cause such prejudice to the respondent as to require vacation of hearing dates; appropriate procedural safeguards for possible future prejudice are put in place.

Jurisdiction
Australia
Judgment Date
28 January 2021
Procedural Posture
Development Appeal / Application to Rely on Amended Plans and Additional Reports; Procedural Rulings
Outcome
Leave to amend granted; revised pre-trial directions made.
Legal Topics
['development Application Amendment' 'procedural Leave to Amend' 'regulation 55 Environmental Planning and Assessment Regulation 2000']
['planning and Environment Law'] ['development Application Amendment' 'procedural Leave to Amend' 'regulation 55 Environmental Planning and Assessment Regulation 2000']

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Procedural Posture

Development Appeal / Application to Rely on Amended Plans and Additional Reports; Procedural Rulings

Legal Issues

  1. 1 ['Whether leave should be granted to rely on amended plans and additional reports under reg 55 of the Environmental Planning and Assessment Regulation 2000' 'Whether proposed amendments exceed permissible scope under reg 55' 'Whether lateness of amendments prejudices respondent requiring vacation of hearing dates']

Ratio Decidendi

Leave to rely on the further amended plans and additional reports is granted because, as amended to remove contentious clubhouse-related elements, the application falls within the permissible scope of reg 55 and does not cause such prejudice to the respondent as to require vacation of hearing dates; appropriate procedural safeguards for possible future prejudice are put in place.

Court Disposition

Leave to amend granted; revised pre-trial directions made.

Orders

  • ['Leave granted to rely on Amended Notice of Motion limited to public open space and cemetery elements.' 'Applicant to lodge a separate development application for removed clubhouse-related elements by 28 February 2021.' 'Hearing dates in March 2021 to be preserved.' "Provision made in orders for respondent to apply...