Dyldam Developments Pty Ltd v Holroyd City Council [2001] NSWLEC 204

Dyldam Developments Pty Ltd v Holroyd City Council [2001] NSWLEC 204

The amended plans proposed changes so substantial that the development was substantially different from the development the subject of the original development application and constituted a new development application; accordingly, the Court was not empowered to entertain the class 1 appeal on those amended plans, and in any event would not grant leave as a matter of discretion.

Jurisdiction
Australia
Judgment Date
26 July 2001
Procedural Posture
Class 1 Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 / Notice of Motion Seeking a Direction That the Appeal Proceed and Be Heard on Amended Plans
Outcome
Notice of motion dismissed; no order as to costs.
Legal Topics
['class 1 Appeal' 'amended Plans' 'development Application' 'court Jurisdiction' 'costs']
['planning and Environment Law' 'practice and Procedure'] ['class 1 Appeal' 'amended Plans' 'development Application' 'court Jurisdiction' 'costs']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 / Notice of Motion Seeking a Direction That the Appeal Proceed and Be Heard on Amended Plans

Legal Issues

  1. 1 ['Whether the Court should permit the class 1 appeal to proceed on amended plans.' 'Whether the amended plans were so substantially different from the original plans that the proposed development could not be said to be substantially the same development as the subject of the development application.' 'Whether the Court was empowered to entertain the appeal on the amended plans.']

Ratio Decidendi

The amended plans proposed changes so substantial that the development was substantially different from the development the subject of the original development application and constituted a new development application; accordingly, the Court was not empowered to entertain the class 1 appeal on those amended plans, and in any event would not grant leave as a matter of discretion.

Court Disposition

Notice of motion dismissed; no order as to costs.

Orders

  • ['The notice of motion is dismissed.' 'No order as to costs.']