NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Waite v Blacktown City Council [2004] NSWLEC 157 APPLICANT: David Waite PARTIES : RESPONDENT: Blacktown City Council FILE NUMBER(S) : 11033 of 2003 CORAM: Lloyd J Development Application :- appeal against refusal of development application - substitution of amended plans - plans so substantially different from original plans as to amount to a fresh application - no jurisdiction to entertain amended plans
KEY ISSUES: Discretion: - court's discretion not to admit amended plans
Development application: - permissibility of proposed development LEGISLATION CITED: Blacktown Local Environmental Plan 1988 Cambridge Corporation Ltd v Parkes Developments Pty Ltd (1974) 2 NSWLR 590; Chambers v Maclean Shire Council (2003) 126 LGERA 7; CASES CITED: Foodbarn Pty Ltd v Solicitor-General (1975) 32 LGRA 157; Peter Rommel & Associates Pty Ltd v North Sydney Municipal Council (1971) 23 LGRA 99; Willoughby Municipal Council v Local Government Appeals Tribunal and Manchil Pty Ltd (1974) 2 NSWLR 415 DATES OF HEARING: 22/03/2004 DATE OF JUDGMENT: 04/30/2004
APPLICANT: Ms M Tzannes (barrister) SOLICITORS: N/A LEGAL REPRESENTATIVES: RESPONDENT: Mr D R Parry (barrister) SOLICITORS: Houston Dearn O'Connor
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