Kanivah Holdings Pty Limited v Burwood Council [2005] NSWLEC 211

Kanivah Holdings Pty Limited v Burwood Council [2005] NSWLEC 211

On the material before the court, the proposed amended plans entail changes sufficiently substantial in architectural design, use, capacity, and car parking, such that they cannot be regarded merely as an amendment under the relevant statutory provisions. Further, the required supporting material specified in clauses 50 and 55 of the Regulation has not been provided. Accordingly, leave to rely on the amended plans is refused.

Parties
Applicant: Kanivah Holdings Pty Limited; Respondent: Burwood Council
Jurisdiction
Australia
Judgment Date
07 April 2005
Procedural Posture
Class 1 Application / Notice of Motion for Leave to Rely on Amended Plans
Outcome
Notice of motion for leave to rely on amended plans dismissed
Legal Topics
Development Application, Amendment of Development Plans, Environmental Planning and Assessment Act 1979, Exercise of Court's Discretion Under Clauses 50 and 55 of the Ep&a Regulation
Environmental Law Planning Law Development Application Amendment of Development Plans Environmental Planning and Assessment Act 1979 Exercise of Court's Discretion Under Clauses 50 and 55 of the Ep&a Regulation

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Parties

Kanivah Holdings Pty Limited

Applicant

Burwood Council

Respondent

Procedural Posture

Class 1 Application / Notice of Motion for Leave to Rely on Amended Plans

Legal Issues

  1. 1 Whether the proposed amended plans constitute a permissible amendment to an existing development application
  2. 2 Whether the court should exercise its discretion to allow reliance on amended plans in the absence of supporting material as required by the Regulation

Ratio Decidendi

On the material before the court, the proposed amended plans entail changes sufficiently substantial in architectural design, use, capacity, and car parking, such that they cannot be regarded merely as an amendment under the relevant statutory provisions. Further, the required supporting material specified in clauses 50 and 55 of the Regulation has not been provided. Accordingly, leave to rely on the amended plans is refused.

Court Disposition

Notice of motion for leave to rely on amended plans dismissed

Orders

  • Notice of motion dismissed
  • Exhibits may be returned with the exception of exhibits C, 3 and 4