Cavcorp Australia Pty Ltd v Hunters Hill Council [2021] NSWLEC 104

Land and Environment Court New South Wales

Medium Neutral Citation: Cavcorp Australia Pty Ltd v Hunters Hill Council [2021] NSWLEC 104 Hearing dates: 23 September 2021 Date of orders: 23 September 2021 Decision date: 23 September 2021 Jurisdiction: Class 1 Before: Preston CJ Decision: The Court orders that: (1) The Court, exercising under s 39(2) of the Land and Environment Court Act 1979 the function of Hunter's Hill Council as the relevant consent authority under cl 121B(1) of the Environmental Planning and Assessment Regulation 2000, agrees to the applicant amending the application for modification of the development consent DA 2008/1096 granted by the Land and Environment Court on 18 May 2010 to rely upon the amended condition in Schedule A and the modified plans and documents in Schedule B, and to delete from the application the plans in Schedule C to the amended notice of motion filed 20 September 2021. (2) The respondent, Hunter's Hill Council, as the relevant consent authority, is to lodge the amendment of the application for modification of the development consent on the NSW planning portal within 7 days of the date of this order and notify the applicant after it has been lodged. (3) The applicant is to file a copy of the amended application for modification of the development consent within 7 days after the respondent has notified the applicant that the amendment has been lodged on the NSW planning portal. (4) In the event the respondent is unable to lodge the amended application on the NSW planning portal referred to in (2) above, the respondent is to notify the Court via Online Court as soon as possible but no later than 14 days of the date of the order and request for the matter to be relisted for further directions. Catchwords: PLANNING AND ENVIRONMENT – application to modify development consent – amendment of – amendment responsive to Commissioner's preliminary decision – agreement to amendment – whether appropriate – costs thrown away by amendment – whether appropriate to order Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.2, 4.55 Environmental Planning and Assessment Regulation 2000 cl 121B Land and Environment Court Act 1979 s 39(2) Land and Environment Court Rules 2007 r 3.7 Cases Cited: North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468 Category: Procedural rulings Parties: Cavcorp Australia Pty Ltd (Applicant) Hunters Hill Council (First Respondent) Dolly Diab (Second Respondent) Representation: Counsel: Mr T Robertson SC, with Mr J Doyle (Applicant) Ms J Reid (First Respondent) Mr J Hutton (Second Respondent)