Tong Joo Pty Ltd v Mosman Council [2001] NSWLEC 87

Tong Joo Pty Ltd v Mosman Council [2001] NSWLEC 87

The amended plans, while significant, do not exceed the legitimate boundaries of an amendment under the EP&A Act; however, the amendment arises too late for leave to be granted for the fixed hearing dates due to fairness and case preparation considerations.

Jurisdiction
Australia
Judgment Date
04 May 2001
Procedural Posture
Class 1 Appeal / Notice of Motion Seeking Leave to Rely Upon Amended Plans Prior to Hearing
Outcome
Leave refused for amended plans at fixed hearing; leave conditionally granted for substituted hearing if dates vacated; hearing dates vacated by consent; costs ordered.
Legal Topics
['development Application' 'amendment of Plans' "court's Discretion" 'notification']
['planning and Environment'] ['development Application' 'amendment of Plans' "court's Discretion" 'notification']

Case Brief

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Procedural Posture

Class 1 Appeal / Notice of Motion Seeking Leave to Rely Upon Amended Plans Prior to Hearing

Legal Issues

  1. 1 ['Whether amended plans constitute a new development proposal or a legitimate amendment to an existing application' 'Whether leave should be granted for applicant to rely upon amended plans at the hearing' 'Consequences of late amendment including notification and costs']

Ratio Decidendi

The amended plans, while significant, do not exceed the legitimate boundaries of an amendment under the EP&A Act; however, the amendment arises too late for leave to be granted for the fixed hearing dates due to fairness and case preparation considerations.

Court Disposition

Leave refused for amended plans at fixed hearing; leave conditionally granted for substituted hearing if dates vacated; hearing dates vacated by consent; costs ordered.

Orders

  • ['Leave to rely upon amended plans for hearing fixed 22-24 May 2001 refused.' 'If hearing dates vacated, leave granted on condition applicant pays Council $4,000 for costs thrown away and $2,000 for costs incurred by consideration of amended plans.' 'By consent, hearing dates vacated.' "Directions given for...