Flower and Samios Pty Ltd v Shoalhaven City Council [2005] NSWLEC 620

Flower and Samios Pty Ltd v Shoalhaven City Council [2005] NSWLEC 620

The proposed amendments, by introducing an additional 18ha for sewage treatment and irrigation and fundamentally altering water supply and effluent disposal arrangements, constitute a new development application rather than a permissible amendment under cl 55; therefore, the court cannot grant leave to substitute the amended plans.

Jurisdiction
Australia
Judgment Date
03 November 2005
Procedural Posture
Development Application Appeal / Interlocutory Motion to Amend Application
Outcome
Application to amend development application refused; motion dismissed
Legal Topics
['development Application Amendments' 'land Use' 'consent Authority' 'retirement Village']
['planning Law' 'environmental Law'] ['development Application Amendments' 'land Use' 'consent Authority' 'retirement Village']

Case Brief

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Procedural Posture

Development Application Appeal / Interlocutory Motion to Amend Application

Legal Issues

  1. 1 ['Whether the court can permit an amendment to a development application to add additional land and change ancillary infrastructure under cl 55 of the Environmental Planning and Assessment Regulation 2000.' 'Whether the proposed changes result in a new development application or are permissible amendments.']

Ratio Decidendi

The proposed amendments, by introducing an additional 18ha for sewage treatment and irrigation and fundamentally altering water supply and effluent disposal arrangements, constitute a new development application rather than a permissible amendment under cl 55; therefore, the court cannot grant leave to substitute the amended plans.

Court Disposition

Application to amend development application refused; motion dismissed

Orders

  • ['Refuse to agree to the amendments as proposed' 'Dismiss the application to substitute the amended plans for the original plans' 'Exhibits may be returned']