Globe Capital Properties Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 1415

Globe Capital Properties Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 1415

The amendments to the development application were other than minor as they altered key aspects requiring significant reassessment by the council, moving the development from prohibited to permissible and affecting relationships with adjoining properties, thus triggering the mandatory costs order under s 97B(2).

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 December 2009
Procedural Posture
Class One Appeal / Costs Determination After Amended Development Application Granted Leave
Outcome
Costs order made in favour of the respondent under s 97B(2) of the Environmental Planning and Assessment Act 1979.
Legal Topics
['costs' 'development Applications' 'minor Amendments' 'section 97 B Environmental Planning and Assessment Act 1979']
['planning Law' 'environmental Law'] ['costs' 'development Applications' 'minor Amendments' 'section 97 B Environmental Planning and Assessment Act 1979']

Source-derived case record

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Procedural Posture

Class One Appeal / Costs Determination After Amended Development Application Granted Leave

Legal Issues

  1. 1 ["Whether amendments to the development application are 'minor' for the purpose of section 97B(1) of the Environmental Planning and Assessment Act 1979 and whether mandatory costs order is triggered against applicant"]

Ratio Decidendi

The amendments to the development application were other than minor as they altered key aspects requiring significant reassessment by the council, moving the development from prohibited to permissible and affecting relationships with adjoining properties, thus triggering the mandatory costs order under s 97B(2).

Court Disposition

Costs order made in favour of the respondent under s 97B(2) of the Environmental Planning and Assessment Act 1979.

Orders

  • ['The applicant is to pay the respondent the costs incurred in respect of the assessment of, and proceedings relating to, the original development application the subject of this appeal.' 'The costs to be as agreed or assessed.']