Caruana v Central Coast Council [2023] NSWLEC 108

Caruana v Central Coast Council [2023] NSWLEC 108

The amendments to the development application, though substantial, did not constitute a new application in substance, and in light of agreement between experts and absence of opposition, the Applicants are granted leave to rely on the amended and supplementary plans; the decision of the Deputy Registrar refusing such leave is set aside and consequential orders made for costs and case management.

Jurisdiction
Australia
Judgment Date
17 October 2023
Procedural Posture
Class 1 Appeal / Interlocutory/review of Registrar's Decision
Outcome
Application for review granted; Registrar's decision set aside; leave granted to rely on amended plans; hearing vacated; costs order made; matter adjourned for further management.
Legal Topics
["review of Registrar's Decision" 'amendment of Development Application' 'costs Orders' 'adjournments and Vacating Hearing Dates' 'section 34 Conciliation Conference']
['civil Procedure' 'planning and Environment Law'] ["review of Registrar's Decision" 'amendment of Development Application' 'costs Orders' 'adjournments and Vacating Hearing Dates' 'section 34 Conciliation Conference']

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Procedural Posture

Class 1 Appeal / Interlocutory/review of Registrar's Decision

Legal Issues

  1. 1 ["Whether the Deputy Registrar's decision refusing application to rely on amended plans should be set aside" 'Whether the Applicants should be granted leave to rely on amended and supplementary plans and reports' 'Whether the hearing date should be vacated and matter reset for further case management and conciliation' "Whether the Applicants should pay the Respondent's costs thrown away by the amendments"]

Ratio Decidendi

The amendments to the development application, though substantial, did not constitute a new application in substance, and in light of agreement between experts and absence of opposition, the Applicants are granted leave to rely on the amended and supplementary plans; the decision of the Deputy Registrar refusing such leave is set aside and consequential orders made for costs and case management.

Court Disposition

Application for review granted; Registrar's decision set aside; leave granted to rely on amended plans; hearing vacated; costs order made; matter adjourned for further management.

Orders

  • ['The decision of Deputy Registrar Holm of 6 September 2023 is set aside pursuant to r 49.19 of the Uniform Civil Procedure Rules 2005 (NSW).' "Pursuant to reg 38(4) of the Environment Planning and Assessment Regulation 2021 (NSW) the Applicants are granted leave to rely on the amended and supplementary plans and...