Palm Lake Works Pty Ltd v Tweed Shire Council [2024] NSWLEC 1461

Palm Lake Works Pty Ltd v Tweed Shire Council [2024] NSWLEC 1461

The proposed amendments changed the development but did not convert it into an original application because, as a matter of fact and degree, the development retained its essence as civil works, a stormwater management system, roads, an environmental facility and subdivision. Given the beneficial purpose of cl 55,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
31 July 2024
Procedural Posture
Class 1 Development Appeal / Notice of Motion Seeking Leave to Amend the Development Application and Class 1 Application Before the Matter Was Set Down for Hearing
Outcome
Motion granted.
Legal Topics
['amendment of Development Application' 'designated Development' 'environmental Impact Statement' 'class 1 Proceedings' 'consent for Works in Road Reserves' "court's Functions and Discretions on Appeal" 'costs Thrown Away']
['planning and Environment Law' 'practice and Procedure' 'roads Law'] ['amendment of Development Application' 'designated Development' 'environmental Impact Statement' 'class 1 Proceedings' 'consent for Works in Road Reserves' "court's Functions and Discretions on Appeal" 'costs Thrown Away']

Source-derived case record

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Procedural Posture

Class 1 Development Appeal / Notice of Motion Seeking Leave to Amend the Development Application and Class 1 Application Before the Matter Was Set Down for Hearing

Legal Issues

  1. 1 ['Whether the proposed amendments to DA20/0386 were within the scope of cl 55 of the Environmental Planning and Assessment Regulation 2000 or constituted an original application.' 'Whether the Court should exercise its discretion to allow amendment of the development application.' 'Whether the Applicant should be permitted under s 64 of the Civil Procedure Act 2005 to amend the Class 1 application to seek consent under s 138(1) of the Roads Act 1993.' 'Whether the Applicant should be permitted to amend the Class 1 application to seek an order concerning cl 31(3) of the Tweed Local Environmental Plan 2000.']

Ratio Decidendi

The proposed amendments changed the development but did not convert it into an original application because, as a matter of fact and degree, the development retained its essence as civil works, a stormwater management system, roads, an environmental facility and subdivision. Given the beneficial purpose of cl 55, the absence of hearing dates, the ability to timetable reassessment and public exhibition, and the lack of genuine prejudice to the Respondent, the Court exercised its discretion to approve the amended development application. The proposed amendments to the Class 1 application were also within s 64 of the Civil Procedure Act 2005 because they clarified the relief sought, did not...

Court Disposition

Motion granted.

Orders

  • ['The Notice of Motion filed 18 June 2024 is granted.' 'The Applicant is granted leave, pursuant to section 64 of the Civil Procedure Act 2005, to file and serve the amended Class 1 application set out in tab 35 of Exhibit AMK-1 referred to in the affidavit of Allyssa May Khoupongsy affirmed 18 June 2024, by 7...