Cornale v Hornsby Shire Council [1998] NSWLEC 228 (5 June 1998) [1998] NSWLEC 58

Cornale v Hornsby Shire Council [1998] NSWLEC 228 (5 June 1998) [1998] NSWLEC 58

The change from two dwellings to one in the rear building constitutes a substantial and significant change in use and configuration; the amended plans cannot be treated as an amendment but amount to a new development proposal requiring a fresh development application.

Parties
Applicant: Cornale; Respondent: Hornsby Shire Council
Jurisdiction
Australia
Judgment Date
05 June 1998
Procedural Posture
Development Appeal / Notice of Motion to Strike Out Appeal Based on Amended Plans
Outcome
Appeal dismissed; fresh development application required for amended plans; no order as to costs; exhibits may be returned.
Legal Topics
Development Applications, Amendments to Development Applications, Environmental Planning and Assessment Act
Planning Law Development Applications Amendments to Development Applications Environmental Planning and Assessment Act

Case Brief

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Parties

Cornale

Applicant

Hornsby Shire Council

Respondent

Procedural Posture

Development Appeal / Notice of Motion to Strike Out Appeal Based on Amended Plans

Legal Issues

  1. 1 Whether amendment to development application constitutes a new development application
  2. 2 Whether proposed changes are amendments or require a fresh application

Ratio Decidendi

The change from two dwellings to one in the rear building constitutes a substantial and significant change in use and configuration; the amended plans cannot be treated as an amendment but amount to a new development proposal requiring a fresh development application.

Court Disposition

Appeal dismissed; fresh development application required for amended plans; no order as to costs; exhibits may be returned.

Orders

  • The appeal based on the amended plans is dismissed.
  • No order as to costs.