Nice Dirt Pty Limited v Leichhardt Council [2005] NSWLEC 83

Nice Dirt Pty Limited v Leichhardt Council [2005] NSWLEC 83

The modification providing for parking below the dwellings does not disqualify the development application from proceeding because the essential nature of the proposal remains the same, and the applicant's acceptance of the notification requirement under the Council’s Development Control Plan resolves any doubt in favour of allowing the amendment.

Parties
Applicant: Nice Dirt Pty Ltd; Respondent: Leichhardt Council
Jurisdiction
Australia
Judgment Date
27 January 2005
Procedural Posture
Development Application Appeal / Notice of Motion to Seek Leave to Amend Plans
Outcome
Amendment to development application allowed; application proceeds with amended plans.
Legal Topics
Development Application Amendment, Substantial Modification Test, Notification Requirements, Costs in Planning Matters
Planning and Environment Development Application Amendment Substantial Modification Test Notification Requirements Costs in Planning Matters

Case Brief

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Parties

Nice Dirt Pty Ltd

Applicant

Leichhardt Council

Respondent

Procedural Posture

Development Application Appeal / Notice of Motion to Seek Leave to Amend Plans

Legal Issues

  1. 1 Whether the modification to the development application disqualified the application from proceeding
  2. 2 Whether costs arise from re-advertising/amending the proposal

Ratio Decidendi

The modification providing for parking below the dwellings does not disqualify the development application from proceeding because the essential nature of the proposal remains the same, and the applicant's acceptance of the notification requirement under the Council’s Development Control Plan resolves any doubt in favour of allowing the amendment.

Court Disposition

Amendment to development application allowed; application proceeds with amended plans.