Cullen Feng Pty Limited v Woollahra Council [2001] NSWLEC 295

Cullen Feng Pty Limited v Woollahra Council [2001] NSWLEC 295

The amended plans are substantially the same as the original proposal. The Court has the power and should exercise its discretion to permit reliance on the amended plans, as the Council has had notice for months, no significant disadvantage is occasioned, and procedural fairness can be maintained. No terms or compensation are necessary given the circumstances.

Jurisdiction
Australia
Judgment Date
23 November 2001
Procedural Posture
Development Appeal (class 1) / Interlocutory Motion Regarding Amendment of Plans
Outcome
Leave granted for the Applicant to rely on the amended plans at the hearing; no order as to costs.
Legal Topics
['amendment of Development Application Plans' "court's Power and Discretion to Permit Amendment" 'procedural Fairness' 'development Assessment Process']
['planning and Environment Law'] ['amendment of Development Application Plans' "court's Power and Discretion to Permit Amendment" 'procedural Fairness' 'development Assessment Process']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Development Appeal (class 1) / Interlocutory Motion Regarding Amendment of Plans

Legal Issues

  1. 1 ['Whether the Land and Environment Court should grant leave for the Applicant to rely on amended development application plans at the hearing of the appeal' 'Whether the amended plans describe substantially the same development as originally proposed' "Whether the Council's Development Control Plan (DCP) requires re-advertising or notification of the amended plans"]

Ratio Decidendi

The amended plans are substantially the same as the original proposal. The Court has the power and should exercise its discretion to permit reliance on the amended plans, as the Council has had notice for months, no significant disadvantage is occasioned, and procedural fairness can be maintained. No terms or compensation are necessary given the circumstances.

Court Disposition

Leave granted for the Applicant to rely on the amended plans at the hearing; no order as to costs.

Orders

  • ['The Applicant shall serve and file its expert evidence by 21 December 2001.' 'The Council shall have until 31 December 2001 to file its expert reports.' 'The Council shall file and serve its Statement of Issues in relation to the amended plans by 10 December 2001.' 'No order as to costs on the motion.']