Futurespace Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 153

Futurespace Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 153

The amendments to the development application are not 'minor' under s 97B EPAA because they require full reassessment by council of compliance with development standards and impact on neighbours. Therefore, the Court must order the applicant to pay the respondent's costs incurred in respect of the original development application.

Jurisdiction
Australia
Judgment Date
07 September 2009
Procedural Posture
Class 1 Appeal (land and Environment Court) / Notice of Motion for Leave to Amend Development Application and for Determination of Costs Under S 97 B EPAA
Outcome
Leave granted to rely upon amended plans; applicant ordered to pay respondent's costs under s 97B EPAA.
Legal Topics
['development Application Amendments' 'costs Orders' 'minor Amendments Under S 97 B Epaa' 'planning Appeals']
['planning and Environment Law'] ['development Application Amendments' 'costs Orders' 'minor Amendments Under S 97 B Epaa' 'planning Appeals']

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 Appeal (land and Environment Court) / Notice of Motion for Leave to Amend Development Application and for Determination of Costs Under S 97 B EPAA

Legal Issues

  1. 1 ["Whether proposed amendments to the development application are 'minor' within the meaning of s 97B of the Environmental Planning and Assessment Act 1979" "Whether the applicant should pay the council's costs under s 97B"]

Ratio Decidendi

The amendments to the development application are not 'minor' under s 97B EPAA because they require full reassessment by council of compliance with development standards and impact on neighbours. Therefore, the Court must order the applicant to pay the respondent's costs incurred in respect of the original development application.

Court Disposition

Leave granted to rely upon amended plans; applicant ordered to pay respondent's costs under s 97B EPAA.

Orders

  • ['Leave granted to the applicant to rely upon the amended plans.' "The applicant pay the respondent's costs incurred in respect of the assessment of, and proceedings relating to, the original development application, including this notice of motion, as agreed or assessed."]