Nanevski Developments Pty Ltd v Rockdale City Council [2009] NSWLEC 1423

Nanevski Developments Pty Ltd v Rockdale City Council [2009] NSWLEC 1423

The cumulative effect of the amendments to the internal layout, changes to facilities and the basement floor plate extension are not minor, as they will require reassessment by the Council. Accordingly, the amendments are not 'minor amendments' under s 97B, and s 97B(2) requires an order for the applicant to pay the respondent's costs.

Jurisdiction
Australia
Judgment Date
18 December 2009
Procedural Posture
Notice of Motion (development Application) / Interlocutory (leave to Rely on Amended Plans; Costs)
Outcome
Leave granted to applicant to rely on amended plans; applicant to pay respondent's costs in accordance with s 97B(2) Environmental Planning and Assessment Act 1979.
Legal Topics
['development Application Amendments' 'costs Under S97 B Epaa']
['planning and Environment'] ['development Application Amendments' 'costs Under S97 B Epaa']

Case Brief

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Procedural Posture

Notice of Motion (development Application) / Interlocutory (leave to Rely on Amended Plans; Costs)

Legal Issues

  1. 1 ["Whether the proposed amendments to the development application constitute a 'minor amendment' under s 97B of the Environmental Planning and Assessment Act 1979" 'Whether costs are payable by the applicant in accordance with s 97B(2) if amendments are not minor']

Ratio Decidendi

The cumulative effect of the amendments to the internal layout, changes to facilities and the basement floor plate extension are not minor, as they will require reassessment by the Council. Accordingly, the amendments are not 'minor amendments' under s 97B, and s 97B(2) requires an order for the applicant to pay the respondent's costs.

Court Disposition

Leave granted to applicant to rely on amended plans; applicant to pay respondent's costs in accordance with s 97B(2) Environmental Planning and Assessment Act 1979.

Orders

  • ['Leave be granted to the applicant to rely on amended plans, in accordance with order 1 of the notice of motion filed 1 December 2009.' "The applicant pay the respondent's costs in accordance with s 97B(2) of the Environmental Planning and Assessment Act 1979."]