Cornale v Hornsby Shire Council [1998] NSWLEC 228 (5 June 1998) [1998] NSWLEC 58

Land and Environment Court of New South Wales

CITATION : Cornale v Hornsby Shire Council [1998] NSWLEC 228 (5 June 1998) [1998] NSWLEC 58 PARTIES : Cornale v Hornsby Shire Council FILE NUMBER(S) : 10391 of 1997 CORAM: Talbot J KEY ISSUES: :- Development whether amendment or new development - whether amendment amounts to fresh development application LEGISLATION CITED: Harris v Rockdale City Council (unreported 8 August 1997, 10299 of 1997) ; CASES CITED: IDA Safe Constructions Pty Ltd v Woollahra Municipal Council (1981) 48 LGRA 62 at p 90 ; Parkes Developments Pty Ltd v Cambridge Credit Corporation Ltd and Anor (1974) 33 LGRA 196 DATES OF HEARING: 06/05/98 EX TEMPORE JUDGMENT DATE : 06/05/1998

Mr G Newport (Barrister) LEGAL REPRESENTATIVES: Mr R Graham (Solicitor)

JUDGMENT: EX TEMPORE REASONS FOR JUDGMENT ON APPLICATION BY WAY OF NOTICE OF MOTION FOR AN ORDER THAT THE APPEAL BASED UPON AMENDED PLANS NOW BEFORE THE COURT BE STRUCK OUT.

1. HIS HONOUR: The original plans lodged in support of a development application by the applicant in these proceedings, the respondent to the notice of motion, showed the proposed development of four dwellings at Lot 37, 7 Loch Maree Avenue, Thornleigh.

2. The respondent to the notice of motion lodged amended plans after an appeal was made to this Court against a determination by the council to refuse the development application on 10 October 1996.

3. The amended plans which are the subject of consideration before the Court today are second further amended plans and they describe a development which is essentially the same in respect of one of the buildings, that is, the building nearest the street frontage. In the original plans that building was shown as comprising two 2-level units facing east to an internal driveway or right of way with a side elevation to the street.