Orico Properties Pty Ltd v Inner West Council [2017] NSWLEC 90

Orico Properties Pty Ltd v Inner West Council [2017] NSWLEC 90

The proposed amendments were significant in configuration, nature and arrangement of uses, relationship with neighbouring development, density, parking and accessibility. Although some changes addressed Council's Reasons for Refusal, the amended plans and supporting material required substantial reconsideration of the whole application and reached a tipping point such that the amendment constituted a new or fresh application rather than an amendment permitted under cl 55. Leave to rely on the amended material was therefore refused.

Jurisdiction
Australia
Judgment Date
21 July 2017
Procedural Posture
Class 1 Appeal Against Council's Refusal of Development Application DA201600150 / Notice of Motion Seeking Leave to Rely on Amended Plans and Documents
Outcome
Notice of Motion dismissed; leave to rely on amended plans and documents refused.
Legal Topics
['class 1 Appeal' 'development Application Amendment' 'amended Plans' 'fresh Application' 'jurisdiction Under Cl 55 of the Environmental Planning and Assessment Regulation 2000 (nsw)']
['planning and Environment Law' 'practice and Procedure'] ['class 1 Appeal' 'development Application Amendment' 'amended Plans' 'fresh Application' 'jurisdiction Under Cl 55 of the Environmental Planning and Assessment Regulation 2000 (nsw)']

Case Brief

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Procedural Posture

Class 1 Appeal Against Council's Refusal of Development Application DA201600150 / Notice of Motion Seeking Leave to Rely on Amended Plans and Documents

Legal Issues

  1. 1 ['Whether the proposed amendments to the development application could be made pursuant to cl 55 of the Environmental Planning and Assessment Regulation 2000 (NSW).' 'Whether the material sought to be relied upon constituted an amended development application or amounted to a new and original development application.']

Ratio Decidendi

The proposed amendments were significant in configuration, nature and arrangement of uses, relationship with neighbouring development, density, parking and accessibility. Although some changes addressed Council's Reasons for Refusal, the amended plans and supporting material required substantial reconsideration of the whole application and reached a tipping point such that the amendment constituted a new or fresh application rather than an amendment permitted under cl 55. Leave to rely on the amended material was therefore refused.

Court Disposition

Notice of Motion dismissed; leave to rely on amended plans and documents refused.

Orders

  • ['Notion of Motion is dismissed.']