Campton v Parramatta City Council [2011] NSWLEC 12

Campton v Parramatta City Council [2011] NSWLEC 12

The amended application remained fundamentally a three lot subdivision, although with a different lot layout and the important consequence that the existing dwelling would be demolished. Those changes produced a changed development rather than a new development, so the cl 55 power was available. The Court exercised its discretion to allow the amendment because no specific prejudice was identified by the Council if it had adequate time to assess and notify the amended proposal, the five weeks sought for that process was reasonable, the amendments were intended to address impacts on an endangered ecological community, and the matter had not yet been set down for a s 34 conference.

Jurisdiction
Australia
Judgment Date
15 February 2011
Procedural Posture
Class 1 Appeal / Notice of Motion Seeking Leave to Rely on Amended Plans and Reports
Outcome
Orders made as sought in the Applicant's Notice of Motion dated 9 February 2011.
Legal Topics
['amendment of Development Application' 'subdivision' 'endangered Ecological Community' 'heritage Impact' 'leave to Rely on Amended Plans']
['planning and Environment Law' 'land and Environment Court Procedure'] ['amendment of Development Application' 'subdivision' 'endangered Ecological Community' 'heritage Impact' 'leave to Rely on Amended Plans']

Case Brief

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Procedural Posture

Class 1 Appeal / Notice of Motion Seeking Leave to Rely on Amended Plans and Reports

Legal Issues

  1. 1 ["Whether the proposed amended plans and reports constituted an amendment or variation of the existing development application under cl 55 of the Environmental Planning and Assessment Regulation 2000, or a new development application beyond the Court's jurisdiction." 'Whether the Court should exercise its discretion under s 39(2) of the Land and Environment Court Act 1979 to allow the amendment.']

Ratio Decidendi

The amended application remained fundamentally a three lot subdivision, although with a different lot layout and the important consequence that the existing dwelling would be demolished. Those changes produced a changed development rather than a new development, so the cl 55 power was available. The Court exercised its discretion to allow the amendment because no specific prejudice was identified by the Council if it had adequate time to assess and notify the amended proposal, the five weeks sought for that process was reasonable, the amendments were intended to address impacts on an endangered ecological community, and the matter had not yet been set down for a s 34 conference.

Court Disposition

Orders made as sought in the Applicant's Notice of Motion dated 9 February 2011.

Orders

  • ['Leave granted to rely on amended plans, a heritage report, an ecological assessment report and a stormwater drainage concept report in the Class 1 appeal.']