Urbis Pty Ltd v Sutherland Shire Council [2001] NSWLEC 147

Urbis Pty Ltd v Sutherland Shire Council [2001] NSWLEC 147

The amended plans do not amount to a new application; rather, they are a relevant amendment to the development application as permitted under cl 55 of the Environmental Planning and Assessment Regulation 2000, as the character and essential ingredients of the development remain the same. Leave should be granted for reliance on these amended plans subject to costs and procedural directions to address the council's prejudice.

Jurisdiction
Australia
Judgment Date
11 July 2001
Procedural Posture
Class 1 Appeal (land and Environment Court of Nsw) / Interlocutory Application for Leave to Rely on Amended Plans
Outcome
Leave granted for applicant to rely on amended plans, subject to costs and procedural directions.
Legal Topics
['amended Development Applications' 'interpretation of Cl 55 Environmental Planning and Assessment Regulation 2000']
['environmental Planning and Assessment' 'practice and Procedure'] ['amended Development Applications' 'interpretation of Cl 55 Environmental Planning and Assessment Regulation 2000']

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Procedural Posture

Class 1 Appeal (land and Environment Court of Nsw) / Interlocutory Application for Leave to Rely on Amended Plans

Legal Issues

  1. 1 ['Whether amended plans constitute an amendment to the original development application or amount to a new application under cl 55 of the Environmental Planning and Assessment Regulation 2000' 'Discretion to grant leave to rely on amended plans and appropriate conditions/costs']

Ratio Decidendi

The amended plans do not amount to a new application; rather, they are a relevant amendment to the development application as permitted under cl 55 of the Environmental Planning and Assessment Regulation 2000, as the character and essential ingredients of the development remain the same. Leave should be granted for reliance on these amended plans subject to costs and procedural directions to address the council's prejudice.

Court Disposition

Leave granted for applicant to rely on amended plans, subject to costs and procedural directions.

Orders

  • ['Leave granted for applicant to rely upon amended plans.' 'Applicant to file and serve all further supporting material by 19 July 2001.' 'Hearing dates 7, 8, 9 and 10 August 2001 are vacated.' "Applicant to pay respondent's costs thrown away by vacation of hearing dates." "Applicant to pay respondent's costs thrown...