Roger Simpson v City of Sydney Council [2015] NSWLEC 1555

Roger Simpson v City of Sydney Council [2015] NSWLEC 1555

The amendment removing the skylight and terrace and replacing them with casement windows did not alter the essential characterisation of the development, which concerned alterations and additions to the roof of the terrace. Therefore, the amendment does not constitute a new development application and the court has power to grant leave to rely on the amended plans.

Jurisdiction
Australia
Judgment Date
30 October 2015
Procedural Posture
Development Application Appeal (class 1) / Notice of Motion to Amend Development Application (interlocutory)
Outcome
Leave granted to rely on amended plans
Legal Topics
['amendment of Development Application' 'leave to Rely on Amended Plans' 'characterisation of Development Application']
['planning and Environment'] ['amendment of Development Application' 'leave to Rely on Amended Plans' 'characterisation of Development Application']

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Procedural Posture

Development Application Appeal (class 1) / Notice of Motion to Amend Development Application (interlocutory)

Legal Issues

  1. 1 ['Whether leave should be granted to rely on amended plans' 'Whether the amendment constitutes a new development application']

Ratio Decidendi

The amendment removing the skylight and terrace and replacing them with casement windows did not alter the essential characterisation of the development, which concerned alterations and additions to the roof of the terrace. Therefore, the amendment does not constitute a new development application and the court has power to grant leave to rely on the amended plans.

Court Disposition

Leave granted to rely on amended plans

Orders

  • ['Leave granted to the applicant to rely on the amended drawings/plans in the development application' 'Order made under s 97B(2) allowing the amendment']