Avard v Clarence Valley Council [2006] NSWLEC 767

Avard v Clarence Valley Council [2006] NSWLEC 767

The amendments to the development application do not result in a substantial change to the application so as to require consideration as a new application; the Court orders the amendments be made as requested, with clarification regarding the site plan.

Parties
Applicant: Gavin Avard; Respondent: Clarence Valley Council
Jurisdiction
Australia
Judgment Date
06 December 2006
Procedural Posture
Class 1 Proceedings (development Appeal) / Notice of Motion to Amend Development Application
Outcome
Development application amended as ordered
Legal Topics
Amendment of Development Application, Designated Development, Statutory Interpretation
Environmental Law Planning Law Amendment of Development Application Designated Development Statutory Interpretation

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Parties

Gavin Avard

Applicant

Clarence Valley Council

Respondent

Procedural Posture

Class 1 Proceedings (development Appeal) / Notice of Motion to Amend Development Application

Legal Issues

  1. 1 Whether amendment to development application ought to be allowed
  2. 2 Whether amendments constitute a new development application
  3. 3 Impact of amendments on status as designated development

Ratio Decidendi

The amendments to the development application do not result in a substantial change to the application so as to require consideration as a new application; the Court orders the amendments be made as requested, with clarification regarding the site plan.

Court Disposition

Development application amended as ordered

Orders

  • Figure 3: Site Plan attached to CVC DA 2005/5490 is to be replaced by the survey plan of Steve Brailsford dated 4 September 2006 attached to the affidavit of Ms Huegill dated 13 November 2006.
  • The third last paragraph on page 2 of 'Additional Information for CVC DA No 2005/5490' is to be amended to specify annual production rate no more than 30,000 tonnes per year and 20 truck movements daily between 6am and 5.30pm, excluding Sundays.