Heir Asquith Pty Ltd v Shoalhaven City Council [2023] NSWLEC 1772

Land and Environment Court New South Wales

Medium Neutral Citation: Heir Asquith Pty Ltd v Shoalhaven City Council [2023] NSWLEC 1772 Hearing dates: 7 November 2023 Date of orders: 27 November 2023 Decision date: 27 November 2023 Jurisdiction: Class 1 Before: Froh R Decision: The Court orders: (1) The Notice of Motion is granted. (2) The Application is granted leave to rely on the Amended and Additional Material. (3) The Court, in exercising the functions of the consent authority, under section 39(2) of the Land and Environment Court Act 1979, agrees, under clause 55(1) of the Environmental Planning and Assessment Regulation 2000 to the Applicant amending Development Application No. SF10921 in accordance with Amended and Additional Material, being the documents listed in Annexure A to the Notice of Motion. (4) The Applicant is to lodge the Amended and Additional Material on the NSW Planning Portal within 7 days of the date of these Orders. (5) The Respondent is to file and serve its Amended Statement of Facts and Contentions in accordance with Schedule B of Practice Note – Class 1 Development Appeals by 20 December 2023. (6) The Applicant is to file any Statement of Facts and Contentions in Reply by 25 January 2024. (7) The Applicant is to pay the Respondent's reasonable costs thrown away as a result of the amendment in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. Catchwords: Notice of motion to amend plans – approved – amendment not considered to be past the tipping point. Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 39 Category: Principal judgment Parties: Heir Asquith Pty Ltd (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)