Barr Property and Planning Pty Ltd v Cessnock City Council [2021] NSWLEC 108

Land and Environment Court New South Wales

Medium Neutral Citation: Barr Property and Planning Pty Ltd v Cessnock City Council [2021] NSWLEC 108 Hearing dates: 23 September 2021 Date of orders: 5 October 2021 Decision date: 05 October 2021 Jurisdiction: Class 1 Before: Duggan J Decision: See paragraph 29 Catchwords: CIVIL PROCEDURE — notice of motion — application to amend development application — cl 55 Environmental Planning and Assessment Regulation 2000 — discretion — s 39 Land and Environment Court Act 1979 — application to have application considered a concept development application — s 4.22 of Environmental Planning and Assessment Act 1979 — change proposed by amendment significant — insufficient particulars included in application — notice of motion dismissed Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Environmental Planning and Assessment Regulation 2000 (NSW) Land and Environment Court Act 1979 (NSW) Cases Cited: Ambly Holdings Pty Ltd v City of Sydney [2016] NSWLEC 38 Ebsworth v Sutherland Shire Council [2005] NSWLEC 603 Category: Procedural rulings Parties: Barr Property and Planning Pty Ltd (Applicant) Cessnock City Council (Frist Respondent) Transport for New South Wales (Second Respondent) Black Hill Industrial Pty Ltd (Third Respondent) Representation: Counsel: Mr C Leggat SC (Applicant) Ms D Grant, solicitor (First Respondent) Ms A Hemmings (Second Respondent) Mr M Ball, solicitor (Third Respondent)