Whitfield & McLenaghan v Northern Beaches Council (No 2) [2024] NSWLEC 1288

Whitfield & McLenaghan v Northern Beaches Council (No 2) [2024] NSWLEC 1288

Leave may be granted to rely on further plans not disclosed at hearing when procedural fairness is observed. Development consent may be granted on the amended materials by consent of parties, where the statutory criteria for grant of consent are otherwise satisfied under the relevant planning and court legislation.

Jurisdiction
Australia
Judgment Date
31 May 2024
Procedural Posture
Development Appeal / Final Orders After Interlocutory Procedural Step
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'procedural Orders' 'leave to Rely on Further Evidence']
['planning and Environment'] ['development Application' 'procedural Orders' 'leave to Rely on Further Evidence']

Case Brief

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Procedural Posture

Development Appeal / Final Orders After Interlocutory Procedural Step

Legal Issues

  1. 1 ['Whether the applicants should have leave to rely on a further plan not before the court at hearing' 'Whether the slip rule applies to introduction of new plans post-hearing' 'Whether final orders of consent can be made on the amended evidence']

Ratio Decidendi

Leave may be granted to rely on further plans not disclosed at hearing when procedural fairness is observed. Development consent may be granted on the amended materials by consent of parties, where the statutory criteria for grant of consent are otherwise satisfied under the relevant planning and court legislation.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The Appeal is upheld.' 'Applicants granted leave to rely on specified plans (DA.01, DA.11, DA.09, all Rev F dated 16 August 2023).' 'Development consent is granted to DA2022/0409 for alterations and additions to a dwelling at 79 Riverview Rd Avalon Beach NSW 2107, Lot 21 DP 18005, subject to conditions in Annexure...