Hanna v Council of the City of Ryde [2010] NSWLEC 1094

Hanna v Council of the City of Ryde [2010] NSWLEC 1094

The proposed changes to introduce affordable housing so alter the use and assessment regime as to constitute a new development application, outside the present jurisdiction of the Court; leave to amend is therefore refused and the notice of motion dismissed.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 April 2010
Procedural Posture
Appeal Against Refusal of Development Application / Application for Leave to Amend Development Application
Outcome
Notice of motion dismissed; applicants to pay respondent's costs.
Legal Topics
['amendment of Development Application' 'jurisdiction of the Court' 'affordable Housing' 'practice and Procedure']
['planning and Environment Law' 'administrative Law'] ['amendment of Development Application' 'jurisdiction of the Court' 'affordable Housing' 'practice and Procedure']

Source-derived case record

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Procedural Posture

Appeal Against Refusal of Development Application / Application for Leave to Amend Development Application

Legal Issues

  1. 1 ["Whether the proposed amendments constitute a new development application beyond the Court's jurisdiction" 'Whether leave should be granted to amend the development application to introduce affordable housing under SEPP 70']

Ratio Decidendi

The proposed changes to introduce affordable housing so alter the use and assessment regime as to constitute a new development application, outside the present jurisdiction of the Court; leave to amend is therefore refused and the notice of motion dismissed.

Court Disposition

Notice of motion dismissed; applicants to pay respondent's costs.

Orders

  • ['The notice of motion filed by the applicants on 20 April 2010 is dismissed.' "The applicants pay the respondent's costs in the sum of $350."]