NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Kanivah Holdings Pty Limited v Burwood Council [2005] NSWLEC 211
APPLICANT Kanivah Holdings Pty Limited PARTIES : RESPONDENT Burwood Council
FILE NUMBER(S) : 11238 of 2005
CORAM: Talbot J
KEY ISSUES: Development Application :- whether new plans are an amendment - leave refused.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000 cl 50, cl 55, cl 55(2) State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development
CASES CITED: Willoughby Municipal Council v Manchil Pty Limited (1974) 29 LGRA 303.
DATES OF HEARING: 07/04/2005
DATE OF JUDGMENT: 04/07/2005
APPLICANT Mr P R Clay (Barrister) SOLICITORS Emerys Law Firm LEGAL REPRESENTATIVES:
RESPONDENT M/s S E Pritchard (Barrister) SOLICITORS Lindsay Taylor Lawyers
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Talbot J
7 April 2005
11238 of 2004 Kanivah Holdings Pty Limited v Burwood Council
JUDGMENT 1 Talbot J: Before the Court today is an application by Kanivah Holdings Pty Limited ("the applicant") for leave to rely upon amended plans in respect of a proposed mixed use development located at 1 Railway Parade, Burwood. The original development application was lodged with Burwood Council ("the respondent") in July 2004.
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