NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Longhill Projects Pty Ltd v Parramatta City Council [2009] NSWLEC 1414
APPLICANT Longhill Projects Pty Ltd PARTIES : RESPONDENT Parramatta City Council
FILE NUMBER(S) : 10789 of 2009
CORAM: Acting Registrar Gray
KEY ISSUES: PRACTICE AND PROCEDURE :- Application for leave to amend Class 1 Application - Application relates to s 82A review – Applicant relied on amended plans for s 82A review - Whether the plans considered in the s 82A review form part of the development application the subject of an appeal to the court under s 97(1) – Whether appeal lies against outcome of s 82A review – Interpretation of ss 82A and 97(1) EPA Act - Leave granted to amend Class 1 Application and to rely on amended plans - Application of s 97B
Civil Procedure Act 2005 LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000
CASES CITED: Hainbury Pty Ltd v Campbelltown City Council [2007] NSWLEC 713 Radray Constructions Pty Ltd v Hornsby Shire Council [2006] NSWLEC 155
DATES OF HEARING: 3 December 2009
DATE OF JUDGMENT: 11 December 2009
APPLICANT Dr S Berveling (barrister) SOLICITOR Bartier Perry LEGAL REPRESENTATIVES:
RESPONDENT Mr P Marincowitz (solicitor) SOLICITOR DLA Phillips Fox
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
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