Sydney Tools Pty Ltd v Canterbury-Bankstown Council (No 2) [2019] NSWLEC 6

Sydney Tools Pty Ltd v Canterbury-Bankstown Council (No 2) [2019] NSWLEC 6

The proposed amendments, including the inclusion of Unit B and changes to parking, loading, basement use, landscaping and related operational arrangements, did not so radically alter the warehousing and distribution use as to take the application beyond the broad power to amend under cl 55 of the Environmental Planning and Assessment Regulation 2000. The Registrar's handling of the matter and conclusion were reasonable, and the interests of justice favoured allowing the amendments and letting the Registrar's decision stand.

Jurisdiction
Australia
Judgment Date
04 February 2019
Procedural Posture
Class 1 Proceedings Concerning an Appeal Against Refusal of a Development Application / Review Under Rule 49.19 of the Uniform Civil Procedure Rules 2005 of the Registrar's Decision to Allow Amended Plans; Respondent Council's Notice of Motion
Outcome
The Respondent Council's Notice of Motion was dismissed; the Registrar's decision and orders allowing the amendments stood; costs were reserved.
Legal Topics
['amendment of Development Application' "review of Registrar's Decision" 'clause 55 of the Environmental Planning and Assessment Regulation 2000' 'development Appeal']
['planning and Environment Law' 'practice and Procedure'] ['amendment of Development Application' "review of Registrar's Decision" 'clause 55 of the Environmental Planning and Assessment Regulation 2000' 'development Appeal']

Case Brief

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Procedural Posture

Class 1 Proceedings Concerning an Appeal Against Refusal of a Development Application / Review Under Rule 49.19 of the Uniform Civil Procedure Rules 2005 of the Registrar's Decision to Allow Amended Plans; Respondent Council's Notice of Motion

Legal Issues

  1. 1 ["Whether the Registrar's decision allowing the Applicant to rely on amended plans should be reviewed and set aside." 'Whether the proposed changes were within the power to amend or vary a development application under cl 55 of the Environmental Planning and Assessment Regulation 2000, or instead constituted a new or fresh application.' 'Whether the Registrar gave inadequate reasons for allowing the amendment.']

Ratio Decidendi

The proposed amendments, including the inclusion of Unit B and changes to parking, loading, basement use, landscaping and related operational arrangements, did not so radically alter the warehousing and distribution use as to take the application beyond the broad power to amend under cl 55 of the Environmental Planning and Assessment Regulation 2000. The Registrar's handling of the matter and conclusion were reasonable, and the interests of justice favoured allowing the amendments and letting the Registrar's decision stand.

Court Disposition

The Respondent Council's Notice of Motion was dismissed; the Registrar's decision and orders allowing the amendments stood; costs were reserved.

Orders

  • ["The Respondent Council's Notice of Motion filed 27 November 2018 is dismissed." 'Costs on that Notice of Motion are reserved.']