Millenium Projects Pty Limited v Baulkham Hills Shire Council [2004] NSWLEC 761

Millenium Projects Pty Limited v Baulkham Hills Shire Council [2004] NSWLEC 761

The applicant is permitted to file amended plans provided it pays the respondent, Baulkham Hills Shire Council, costs thrown away in the assessed sum of $3,800 plus GST, as a consequence of the amendment.

Jurisdiction
Australia
Judgment Date
01 December 2004
Procedural Posture
Development Application Appeal / Interlocutory Application Re Amended Plans
Outcome
Amended plans allowed, order for costs
Legal Topics
['amended Plans' 'costs Thrown Away' 'development Control Plan' 'subdivision']
['planning and Environment'] ['amended Plans' 'costs Thrown Away' 'development Control Plan' 'subdivision']

Case Brief

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Procedural Posture

Development Application Appeal / Interlocutory Application Re Amended Plans

Legal Issues

  1. 1 ['Whether applicant should be allowed to file amended plans' 'Calculation of costs thrown away']

Ratio Decidendi

The applicant is permitted to file amended plans provided it pays the respondent, Baulkham Hills Shire Council, costs thrown away in the assessed sum of $3,800 plus GST, as a consequence of the amendment.

Court Disposition

Amended plans allowed, order for costs

Orders

  • ['Applicant to file and serve amended plans and further supporting documentation by 22 December 2004.' "Applicant to pay Council's costs thrown away by reason of the amendment assessed at $3,800 plus GST." 'Applicant to pay Council by 29 December 2004.' 'Council to notify amended plans in accordance with its usual...