NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Groeneveld v Wollongong City Council [2009] NSWLEC 1226
APPLICANT John Groeneveld PARTIES : RESPONDENT Wollongong City Council
FILE NUMBER(S) : 11050 of 2008
CORAM: Acting Registrar Gray
KEY ISSUES: COSTS :- Amended Plans - s 97B costs order - whether amendments were 'minor amendment'
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 97B Local Government Act 1993
CASES CITED: Cachia v Manly Council (No 2) [2009] NSWLEC 1107 Coshott v Woollahra Council [1996] NSWLEC 256
DATES OF HEARING: 11 May 2009
DATE OF JUDGMENT: 18 June 2009
APPLICANT Mr Groeneveld in person
LEGAL REPRESENTATIVES: RESPONDENT Mr Cottom, Solicitor Kells the Lawyers
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
ACTING REGISTRAR GRAY
THURSDAY 18 JUNE 2009
08/11050 - John Groeneveld v Wollongong City Council
JUDGMENT
1 ACTING REGISTRAR: This is an application made by the respondent in the proceedings for costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979 following leave granted by the Court on 11 May 2009 for the applicant to rely on amended plans.
2 The substantive proceedings are an appeal from a decision by Wollongong City Council ("the Council") to refuse development consent for a five lot sub-division of property in Mount Pleasant and the construction of four buildings together with a roadway. One amendment had previously been made by the applicant, leave having been granted by Registrar Dixon on 12 November 2008.
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