Songkal Pty Ltd v Warringah Council [2000] NSWLEC 215

Songkal Pty Ltd v Warringah Council [2000] NSWLEC 215

There was only one effective development application lodged in 1997; documents submitted in 1999-2000 were substantial amendments but did not constitute a new application. The appeal was brought out of time and is incompetent under ss 96-97 of the Environmental Planning and Assessment Act 1979.

Jurisdiction
Australia
Judgment Date
20 October 2000
Procedural Posture
Appeal (class 1) / Preliminary Question of Law Determined, Listing for Further Disposition
Outcome
Negative answer to preliminary question; appeal to be listed for further disposition.
Legal Topics
['development Application' 'deemed Refusal' 'appeal Period' 'formal Requirements' 'substantial Amendment of Application' 'jurisdiction']
['planning and Environment Law'] ['development Application' 'deemed Refusal' 'appeal Period' 'formal Requirements' 'substantial Amendment of Application' 'jurisdiction']

Case Brief

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Procedural Posture

Appeal (class 1) / Preliminary Question of Law Determined, Listing for Further Disposition

Legal Issues

  1. 1 ['Whether the appeal is incompetent as it was not filed within the statutory 12-month appeal period after the deemed refusal of the development application under the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

There was only one effective development application lodged in 1997; documents submitted in 1999-2000 were substantial amendments but did not constitute a new application. The appeal was brought out of time and is incompetent under ss 96-97 of the Environmental Planning and Assessment Act 1979.

Court Disposition

Negative answer to preliminary question; appeal to be listed for further disposition.

Orders

  • ['Preliminary question answered: Appeal is incompetent and out of time under ss 96-97 of the Environmental Planning and Assessment Act 1979.' 'Appeal listed for callover by Registrar on 27 October 2000.' 'No order as to costs.' 'Exhibit C1 (the LEP) may be returned.']