Wallace v Central Coast Council [2022] NSWLEC 1312

Wallace v Central Coast Council [2022] NSWLEC 1312

Leave to rely on the further documents and amended plans should be granted, as the Central Coast Council as consent authority agrees to the amended application and plans, the documents have been filed, and both parties consent to orders regarding costs.

Jurisdiction
Australia
Judgment Date
15 June 2022
Procedural Posture
Class 1 / Notice of Motion Application for Leave to Rely on Further Documents
Outcome
Leave granted to applicant to rely on further documents; Applicant to pay respondent's costs thrown away.
Legal Topics
['amendment of Development Application' 'leave to Rely on Further Documents' 'costs']
['environmental Law' 'administrative Law'] ['amendment of Development Application' 'leave to Rely on Further Documents' 'costs']

Case Brief

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Procedural Posture

Class 1 / Notice of Motion Application for Leave to Rely on Further Documents

Legal Issues

  1. 1 ['Whether the applicant should be granted leave to rely on further documents and reports in the proceedings' "Whether the applicant should pay the respondent's costs thrown away in dealing with amended plans"]

Ratio Decidendi

Leave to rely on the further documents and amended plans should be granted, as the Central Coast Council as consent authority agrees to the amended application and plans, the documents have been filed, and both parties consent to orders regarding costs.

Court Disposition

Leave granted to applicant to rely on further documents; Applicant to pay respondent's costs thrown away.

Orders

  • ['Applicant granted leave to rely upon plans and documents identified in proceedings.' 'Parties to lodge amendment of development application on NSW Planning Portal by 4pm, 16 June 2022 and notify the Court after lodging.' "Applicant to pay Respondent's costs thrown away in dealing with amended plans and documents,...