Elali v Campbelltown City Council [2004] NSWLEC 554

Elali v Campbelltown City Council [2004] NSWLEC 554

The Land and Environment Court has the power, under cl 55 of the Environmental Planning and Assessment Regulation 2000 as applied by s 39(2) of the Land and Environment Court Act 1979, to permit amendments to a development application before its determination, so long as the amendments do not result in a proposal that is essentially a new development application. The amendments in this case were found to be within the scope of that power, involving a substantial reduction in scale but retaining essential characteristics of the original proposal.

Jurisdiction
Australia
Judgment Date
30 September 2004
Procedural Posture
Class 1 Development Appeal / Interlocutory (notice of Motion to Amend Development Application)
Outcome
Court holds it has power to grant relief sought but withholds making final orders to allow Council to raise any discretionary matters or agree to the amendments.
Legal Topics
['development Application Amendment' 'jurisdiction to Permit Amendment' 'scope of Power Under Cl 55 Ep&a Regulation']
['planning and Environment'] ['development Application Amendment' 'jurisdiction to Permit Amendment' 'scope of Power Under Cl 55 Ep&a Regulation']

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

Class 1 Development Appeal / Interlocutory (notice of Motion to Amend Development Application)

Legal Issues

  1. 1 ['Whether the Land and Environment Court has power to permit amendment to a development application under cl 55 of the Environmental Planning and Assessment Regulation 2000' 'Proper construction and application of cl 55 of the EP&A Regulation' 'Whether amendments constitute a new application or are within the statutory power of amendment']

Ratio Decidendi

The Land and Environment Court has the power, under cl 55 of the Environmental Planning and Assessment Regulation 2000 as applied by s 39(2) of the Land and Environment Court Act 1979, to permit amendments to a development application before its determination, so long as the amendments do not result in a proposal that is essentially a new development application. The amendments in this case were found to be within the scope of that power, involving a substantial reduction in scale but retaining essential characteristics of the original proposal.

Court Disposition

Court holds it has power to grant relief sought but withholds making final orders to allow Council to raise any discretionary matters or agree to the amendments.

Orders

  • ["Stand over question of exercise of the power in favour of the Applicant until 14 October 2004; liberty to restore on two days' notice."]