Samcourt Pty Ltd v Inner West Council [2017] NSWLEC 1691

Samcourt Pty Ltd v Inner West Council [2017] NSWLEC 1691

The proposed amendment, increasing the proportion of commercial space from 22.5% to 60.4%, fundamentally alters the character of the development from shop top housing to a largely commercial development. This constitutes a new development application, so leave to rely on the amended plans must be refused and the Notice of Motion dismissed.

Jurisdiction
Australia
Judgment Date
04 December 2017
Procedural Posture
Class 1 / Notice of Motion on Amended Plans
Outcome
Notice of Motion dismissed
Legal Topics
['amended Plans' 'new Development Application' 'shop Top Housing' 'commercial and Residential Use Proportions']
['environmental Planning'] ['amended Plans' 'new Development Application' 'shop Top Housing' 'commercial and Residential Use Proportions']

Case Brief

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Procedural Posture

Class 1 / Notice of Motion on Amended Plans

Legal Issues

  1. 1 ['Whether leave should be granted to rely on amended plans' 'Whether the amendment constitutes a new development application under cl 55 of the Environmental Planning and Assessment Regulation 2000']

Ratio Decidendi

The proposed amendment, increasing the proportion of commercial space from 22.5% to 60.4%, fundamentally alters the character of the development from shop top housing to a largely commercial development. This constitutes a new development application, so leave to rely on the amended plans must be refused and the Notice of Motion dismissed.

Court Disposition

Notice of Motion dismissed

Orders

  • ['Notice of Motion is dismissed']