Currency Corporation Pty Ltd v Wyong Shire Council [2007] NSWLEC 219

Land and Environment Court of New South Wales

CITATION : Currency Corporation Pty Ltd v Wyong Shire Council [2007] NSWLEC 219

APPLICANT Currency Corporation Pty Limited PARTIES : RESPONDENT Wyong Shire Council

FILE NUMBER(S) : 11494 of 2005

CORAM: Jagot J

KEY ISSUES: Development Application :- application to amend plans of proposed development - change of circumstances - delay - costs

LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000 cl 55

CASES CITED: Currency Corporation Pty Limited v Wyong Shire Council [2006] NSWLEC 692

DATES OF HEARING: 12 April 2007

EX TEMPORE JUDGMENT DATE : 12 April 2007

APPLICANT Mr J Ayling SC SOLICITORS Grech Partners LEGAL REPRESENTATIVES: RESPONDENT Mr J Cole (solicitor) SOLICITORS Home Wilkinson Lowry

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Jagot J

12 April 2007

11494 of 2005

CURRENCY CORPORATION PTY LIMITED Applicant

WYONG SHIRE COUNCIL Respondent

JUDGMENT Jagot J: 1 This is an application by the applicant in Class 1 proceedings seeking leave to file and rely upon further amended plans in the proceedings.

2 The application has had a relatively long history, much of which is encapsulated in a chronology helpfully provided by the solicitors for the Council. In essence, that chronology discloses that the original application as lodged and as maintained, certainly at all times up to about 3 November 2006, proposed that access to the development site sought to be redeveloped for the purpose of a residential flat building would be over the adjoining land. The owner of the adjoining land was involved in the proposed application for the subject development site, apparently being one of the directors of the applicant corporation.