Catholic Metropolitan Cemeteries Trust v Penrith City Council [2021] NSWLEC 5

Land and Environment Court New South Wales

Medium Neutral Citation: Catholic Metropolitan Cemeteries Trust v Penrith City Council [2021] NSWLEC 5 Hearing dates: 27 and 28 January 2021 Date of orders: 28 January 2021 Decision date: 28 January 2021 Jurisdiction: Class 1 Before: Moore J Decision: Leave granted to rely on amended plans and additional reports Catchwords: DEVELOPMENT APPEAL - application to rely on further amended plans and additional reports - consideration of whether the scope of the proposed amendments breached reg 55 of the Environmental Planning and Assessment Regulation 2000 - Applicant agrees to remove contentious aspects of proposed amendments - Applicant undertakes to lodge a separate development application with the Respondent for the removed contentious aspects of proposed amendments - revised proposed amended plans and reports permissible - consideration of whether lateness of amendments causes prejudice to the Respondent requiring vacation of hearing dates - Respondent not so prejudiced so as to require vacation of hearing dates - leave to amend granted and revised pre-trial directions made Legislation Cited: Environmental Planning and Assessment Regulation 2000, reg 55 Cases Cited: Ebsworth v Sutherland Shire Council [2005] NSWLEC 603 Orico Properties Pty Ltd v Inner West Council [2017] NSWLEC 90 Radray Constructions Pty Limited v Hornsby Shire Council (2006) 145 LGERA 292; [2006] NSWLEC 155 Category: Procedural rulings Parties: Catholic Metropolitan Cemeteries Trust (Applicant) Penrith City Council (Respondent) Representation: Counsel: Mr N Eastman, barrister (Applicant) Mr A Pickles SC (Respondent)