Mirvac Projects Pty Ltd v Ku-Ring-Gai Municipal Council [2001] NSWLEC 103

Mirvac Projects Pty Ltd v Ku-Ring-Gai Municipal Council [2001] NSWLEC 103

Leave was granted because the proposed amendments were accepted as truly minor and responsive to issues raised by the Council, the Council had not formally determined the development application and was likely to proceed on deemed refusal, there was sufficient time for re-notification, and any prejudice to the Council could be addressed by extending its time to file expert reports by seven days.

Jurisdiction
Australia
Judgment Date
01 May 2001
Procedural Posture
Class 1 Appeal; Notice of Motion for Leave to Rely on Amended Development Plans / Pre Hearing Motion Before Fixed Hearing Dates of 28 31 May 2001
Outcome
Notice of motion granted.
Legal Topics
['development Application Appeal' 'amended Development Plans' 'leave to Rely on Amended Plans' 'notification of Amended Plans' 'expert Report Timetable']
['planning and Environment' 'practice and Procedure'] ['development Application Appeal' 'amended Development Plans' 'leave to Rely on Amended Plans' 'notification of Amended Plans' 'expert Report Timetable']

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Procedural Posture

Class 1 Appeal; Notice of Motion for Leave to Rely on Amended Development Plans / Pre Hearing Motion Before Fixed Hearing Dates of 28 31 May 2001

Legal Issues

  1. 1 ['Whether the Applicant should be granted leave under Pt 13 r 16(b1) to rely on amended plans in a pending Class 1 appeal.' "Whether the lateness of the amendments and the Council's notification requirements justified refusing leave or altering procedural directions."]

Ratio Decidendi

Leave was granted because the proposed amendments were accepted as truly minor and responsive to issues raised by the Council, the Council had not formally determined the development application and was likely to proceed on deemed refusal, there was sufficient time for re-notification, and any prejudice to the Council could be addressed by extending its time to file expert reports by seven days.

Court Disposition

Notice of motion granted.

Orders

  • ['Relief claimed in paragraph 1 of the Notice of Motion granted.' "The requirements for filing expert reports by the Council under the Rules of Court and the Court's Practice Direction were relaxed so that the Council has an additional seven days to comply."]