Site R & D Pty Ltd v Byron Shire Council [2021] NSWLEC 1226

Site R & D Pty Ltd v Byron Shire Council [2021] NSWLEC 1226

Leave to amend the development application is granted as it is responsive to matters arising in the proceedings and not opposed by the Respondent, subject to procedural safeguards including further expert conferencing, amendment of factual contentions, and payment of costs thrown away by the amendment.

Parties
Applicant: Site R & D Pty Ltd; Respondent: Byron Shire Council
Jurisdiction
Australia
Judgment Date
05 May 2021
Procedural Posture
Development Application Appeal / Interlocutory Motion for Leave to Amend and Associated Procedural Orders
Outcome
Applicant granted leave to amend development application, further procedural and evidentiary orders made, costs payable by Applicant to Respondent.
Legal Topics
Amendment of Development Application, Adduction of Expert Evidence, Costs Applications
Planning and Environment Law Amendment of Development Application Adduction of Expert Evidence Costs Applications

Case Brief

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Parties

Site R & D Pty Ltd

Applicant

Byron Shire Council

Respondent

Procedural Posture

Development Application Appeal / Interlocutory Motion for Leave to Amend and Associated Procedural Orders

Legal Issues

  1. 1 Whether the Applicant should be granted leave to further amend its development application
  2. 2 Whether further expert evidence regarding acoustic impacts should be adduced
  3. 3 Whether the Applicant should pay the costs associated with the amendment

Ratio Decidendi

Leave to amend the development application is granted as it is responsive to matters arising in the proceedings and not opposed by the Respondent, subject to procedural safeguards including further expert conferencing, amendment of factual contentions, and payment of costs thrown away by the amendment.

Court Disposition

Applicant granted leave to amend development application, further procedural and evidentiary orders made, costs payable by Applicant to Respondent.

Orders

  • Applicant granted leave to amend Development Application 10.2017.661.1 relying on specified amended plans and documents.
  • Applicant granted leave to rely on plans approved for the Harvest Estate in Land and Environment Court judgment Villa World Byron Pty Ltd v Byron Shire Council [2020] NSWLEC 1612, for the Villa World Road 01 only.