Private Property Pty Ltd Mid-Coast Council [2022] NSWLEC 1293

Private Property Pty Ltd Mid-Coast Council [2022] NSWLEC 1293

Leave was granted because the further material was responsive to matters arising in the proceedings, the Respondent did not oppose reliance on the material, the relevant consent authority agreed to the amendment under cl 55(1), and the amended development application had been filed with the Court.

Jurisdiction
Australia
Judgment Date
03 June 2022
Procedural Posture
Class 1 Development Appeal Concerning Refusal of a Development Application / Notice of Motion Seeking Leave to Rely on Further Documents and Reports
Outcome
Applicant granted leave to rely on the identified plans and documents; consequential procedural directions made.
Legal Topics
['notice of Motion' 'development Application Amendment' 'leave to Rely on Further Documents and Reports' 'expert Conclave and Joint Expert Report']
['environmental Planning and Assessment' 'civil Procedure'] ['notice of Motion' 'development Application Amendment' 'leave to Rely on Further Documents and Reports' 'expert Conclave and Joint Expert Report']

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Procedural Posture

Class 1 Development Appeal Concerning Refusal of a Development Application / Notice of Motion Seeking Leave to Rely on Further Documents and Reports

Legal Issues

  1. 1 ['Whether the Applicant should be granted leave to rely on amended plans and further documents and reports in the proceedings.' 'Whether consequential directions should be made for lodgement of the amended development application and a supplementary town planning joint expert report.']

Ratio Decidendi

Leave was granted because the further material was responsive to matters arising in the proceedings, the Respondent did not oppose reliance on the material, the relevant consent authority agreed to the amendment under cl 55(1), and the amended development application had been filed with the Court.

Court Disposition

Applicant granted leave to rely on the identified plans and documents; consequential procedural directions made.

Orders

  • ["The Court grants the Applicant's request for leave to rely upon the plans and documents identified above at [4] in the proceedings." 'The Respondent is to lodge the amendment of the development application on the NSW Planning Portal by 4pm, 7 June 2022 and notify the Applicant and the Court after it has been...