NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Pepperwood Ridge Pty Ltd v Newcastle City Council [2007] NSWLEC 719
APPLICANT Pepperwood Ridge Pty Ltd PARTIES : RESPONDENT Newcastle City Council
FILE NUMBER(S) : 10470 of 2005
CORAM: Pain J
KEY ISSUES: Development Application :- whether amendment of plans should be permitted.
LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000 cl 55 State Environmental Planning Policy - Seniors Living 2004
Ebsworth v Sutherland Shire Council [2005] NSWLEC 603; CASES CITED: Ervin Mahrer and Partners v Strathfield Council (No 2) (2001) 115 LGERA 259; Radray Constructions Pty Ltd v Hornsby Shire Council (2006) 145 LGERA 292
DATES OF HEARING: 15 October 2007
EX TEMPORE JUDGMENT DATE : 15 October 2007
APPLICANT Mr T Howard SOLICITOR LEGAL REPRESENTATIVES: Mallik Rees Lawyers RESPONDENT Mr M Fraser SOLICITOR Sparke Helmore Solicitors
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Pain J
15 October 2007
10470 of 2005 Pepperwood Ridge Pty Limited v Newcastle City Council
EX TEMPORE JUDGMENT 1 Her Honour: This is a Notice of Motion of 21 August 2007 seeking the Court's consent under cl 55 of the Environmental Planning and Assessment Regulation 2000 (the Regulation) to amend the plans on which the Applicant relies in these Class 1 proceedings. Clause 55 states: (1) A development application may be amended or varied by the applicant (but only with the agreement of the consent authority) at any time before the application is determined.
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