Gertos v Eurobodalla Shire Council [2005] NSWLEC 517

Gertos v Eurobodalla Shire Council [2005] NSWLEC 517

The applicant, having benefitted from the opportunity to submit amended plans rather than facing refusal, should pay the additional legal costs incurred by the council as a direct result of considering the revised plans.

Jurisdiction
Australia
Judgment Date
30 September 2005
Procedural Posture
Development Application Appeal / Judgment Following Amended Plans and Costs Application
Outcome
Appeal upheld; development consent granted subject to conditions; applicant to pay additional legal costs to council, subject to Acting Chief Judge's concurrence.
Legal Topics
['development Applications' 'costs in Planning Proceedings' 'amendment of Plans']
['planning Law' 'environmental Law'] ['development Applications' 'costs in Planning Proceedings' 'amendment of Plans']

Case Brief

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Procedural Posture

Development Application Appeal / Judgment Following Amended Plans and Costs Application

Legal Issues

  1. 1 ['Whether costs of the amendment to plans should be paid by applicant' 'Whether consent should be granted based on amended plans']

Ratio Decidendi

The applicant, having benefitted from the opportunity to submit amended plans rather than facing refusal, should pay the additional legal costs incurred by the council as a direct result of considering the revised plans.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant to pay additional legal costs to council, subject to Acting Chief Judge's concurrence.

Orders

  • ['Development consent granted subject to conditions.' "Applicant to pay respondent's additional legal costs of $5,728.15 incurred after adjournment, subject to concurrence of Acting Chief Judge." 'Such sum to be paid within 60 days of the provision of the written orders, with opportunity for parties to make...