Hakim v Canada Bay City Council [2006] NSWLEC 746

Hakim v Canada Bay City Council [2006] NSWLEC 746

On balance, the essence of the development remains the same despite the proposed changes. The amendments fall within the scope of Environmental Planning and Assessment Regulation 2000 cl 55. The Court has power to allow the amendment. Discretion favours allowing amendments as they respond to expert concerns and the inadequacies raised by respondents are insufficient to refuse leave.

Jurisdiction
Australia
Judgment Date
11 October 2006
Procedural Posture
Development Application Appeal / Application for Leave to Amend Plans (interlocutory)
Outcome
Leave to amend granted; hearing date vacated; directions for further hearing and case management ordered; costs reserved.
Legal Topics
['development Application Amendment' 'scope of Environmental Planning and Assessment Regulation 2000 Cl 55']
['planning and Environment'] ['development Application Amendment' 'scope of Environmental Planning and Assessment Regulation 2000 Cl 55']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Development Application Appeal / Application for Leave to Amend Plans (interlocutory)

Legal Issues

  1. 1 ['Whether there is power to grant leave to amend plans under Environmental Planning and Assessment Regulation 2000 cl 55' 'Whether the amendment converts the application into an original application' "Whether the Court's discretion should be exercised in favour of the applicants"]

Ratio Decidendi

On balance, the essence of the development remains the same despite the proposed changes. The amendments fall within the scope of Environmental Planning and Assessment Regulation 2000 cl 55. The Court has power to allow the amendment. Discretion favours allowing amendments as they respond to expert concerns and the inadequacies raised by respondents are insufficient to refuse leave.

Court Disposition

Leave to amend granted; hearing date vacated; directions for further hearing and case management ordered; costs reserved.

Orders

  • ['Leave granted to applicants to amend the application in accordance with the plan annexed to the affidavit of David Charles Balog sworn 4 October 2006 pursuant to r 10.1 Land and Environment Court Rules 1996.' 'The hearing dates of 6-8 November 2006 are vacated.' 'If dates are available, the matter is to be fixed...