Buttery v Woollahra Municipal Council [2008] NSWLEC 1141

Buttery v Woollahra Municipal Council [2008] NSWLEC 1141

The amended plans remained consistent with the overall description of the type of development in the original application and, although there were numerous changes and the building would appear quite different, the proposal was not conceptually different and bore sufficient resemblance to the original proposal to be accepted as the application for the appeal.

Jurisdiction
Australia
Judgment Date
11 March 2008
Procedural Posture
Appeal Development Application / Notice of Motion Seeking Leave to Rely on Amended Plans
Outcome
Notice of Motion allowed; amended plans accepted for the purposes of the appeal.
Legal Topics
['development Application Appeal' 'amended Plans' 'two Storey Attached Dwellings' 'environmental Planning and Assessment Regulation 2000 Cl 55']
['planning and Environment Law'] ['development Application Appeal' 'amended Plans' 'two Storey Attached Dwellings' 'environmental Planning and Assessment Regulation 2000 Cl 55']

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Procedural Posture

Appeal Development Application / Notice of Motion Seeking Leave to Rely on Amended Plans

Legal Issues

  1. 1 ['Whether the applicant should be permitted to rely on amended plans for the proposed development at 10-12 South Street, Edgecliff.' 'Whether the amended plans were so different from the original proposal that they should not be accepted as amendments.']

Ratio Decidendi

The amended plans remained consistent with the overall description of the type of development in the original application and, although there were numerous changes and the building would appear quite different, the proposal was not conceptually different and bore sufficient resemblance to the original proposal to be accepted as the application for the appeal.

Court Disposition

Notice of Motion allowed; amended plans accepted for the purposes of the appeal.

Orders

  • ['The plans in Exhibit D can now constitute the application for the purposes of this appeal.']