Cornale v Hornsby Shire Council [1999] NSWLEC 228
The change from two dwellings to one dwelling within the rear building is a substantial and significant alteration such that the amended plans constitute a new development, not an amendment to the original application, thus requiring a fresh development application.
- Parties
- Applicant: Cornale; Respondent: Hornsby Shire Council
- Jurisdiction
- Australia
- Judgment Date
- 05 June 1998
- Procedural Posture
- Planning Appeal / Judgment on Notice of Motion to Strike Out Appeal Based on Amended Plans
- Outcome
- Appeal dismissed; amended plans require a further development application
- Legal Topics
- Development Application Amendments, Fresh Development Application, Environmental Impacts
Case Brief
Summary, issues, holding and outcome
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Parties
Cornale
Applicant
Hornsby Shire Council
Respondent
Procedural Posture
Planning Appeal / Judgment on Notice of Motion to Strike Out Appeal Based on Amended Plans
Legal Issues
- 1 Whether amended plans constitute an amendment or a new development
- 2 Whether appeal can proceed on amended plans rather than requiring a new development application
Ratio Decidendi
The change from two dwellings to one dwelling within the rear building is a substantial and significant alteration such that the amended plans constitute a new development, not an amendment to the original application, thus requiring a fresh development application.
Court Disposition
Appeal dismissed; amended plans require a further development application
Orders
- The amended plans are a new proposal and not an amendment; applicant must lodge a further development application if relying upon them.
- Appeal dismissed.
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