Chivers v Hornsby Council [2007] NSWLEC 765

Chivers v Hornsby Council [2007] NSWLEC 765

Leave to amend the plans was granted as the amendment was minor and likely to result in less environmental impact; costs for assessment of previous plans were awarded to the council, but not for the hearing day as it was not wasted.

Jurisdiction
Australia
Judgment Date
16 November 2007
Procedural Posture
Development Application Appeal / Interlocutory Application for Amendment of Plans
Outcome
Leave to file amended plans granted; cost orders made.
Legal Topics
['amendment of Plans' 'procedural Fairness' 'costs']
['environmental Law' 'planning Law'] ['amendment of Plans' 'procedural Fairness' 'costs']

Case Brief

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Procedural Posture

Development Application Appeal / Interlocutory Application for Amendment of Plans

Legal Issues

  1. 1 ['Whether amendment of plans should be allowed' 'Whether costs for assessment of prior plans and hearing days should be awarded']

Ratio Decidendi

Leave to amend the plans was granted as the amendment was minor and likely to result in less environmental impact; costs for assessment of previous plans were awarded to the council, but not for the hearing day as it was not wasted.

Court Disposition

Leave to file amended plans granted; cost orders made.

Orders

  • ['The Applicant has leave to rely on amended plans C10-E, C11-E and C12-D in these proceedings.' "The Applicant must pay the Council's costs of assessment of the previous plans thrown away by the amendment of plans as agreed or assessed."]