Sydney Tools Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1625

Sydney Tools Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1625

Applying the wide, beneficial and facultative interpretation of the power to amend a development application under cl 55 of the Environmental Planning and Assessment Regulation 2000, the proposed amendments, including reliance on the plans and documents in the Motion index, were within power and leave to amend should be granted.

Jurisdiction
Australia
Judgment Date
22 November 2018
Procedural Posture
Class 1 Development Application Appeal / Notice of Motion for Leave to Amend Development Application
Outcome
Leave granted to amend the development application; Applicant ordered to pay the Respondent's costs thrown away as agreed or assessed.
Legal Topics
['development Application Amendment' 'leave to Amend' 'environmental Planning and Assessment Regulation 2000 Cl 55' 'costs Thrown Away']
['planning and Environment Law'] ['development Application Amendment' 'leave to Amend' 'environmental Planning and Assessment Regulation 2000 Cl 55' 'costs Thrown Away']

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Procedural Posture

Class 1 Development Application Appeal / Notice of Motion for Leave to Amend Development Application

Legal Issues

  1. 1 ["Whether leave should be granted to amend the development application by relying on the plans and documents listed in the Index attached to the Applicant's Notice of Motion filed 12 November 2018." 'Whether the proposed amendments, including amending the area of the development site to include "Unit B", were within the Court\'s power under cl 55 of the Environmental Planning and Assessment Regulation 2000 or amounted to a new application.']

Ratio Decidendi

Applying the wide, beneficial and facultative interpretation of the power to amend a development application under cl 55 of the Environmental Planning and Assessment Regulation 2000, the proposed amendments, including reliance on the plans and documents in the Motion index, were within power and leave to amend should be granted.

Court Disposition

Leave granted to amend the development application; Applicant ordered to pay the Respondent's costs thrown away as agreed or assessed.

Orders

  • ["Leave is granted to amend the development application by relying on the plans and documents listed in the Index attached to the Applicant's Notice of Motion filed 12 November 2018." 'The Applicant is to pay the Respondent costs thrown away under s 8.15(3) of the Environmental Planning and Assessment Act 1979 as...