NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Chivers v Hornsby Council [2007] NSWLEC 765
APPLICANT PARTIES : Les Chivers RESPONDENT Hornsby Council
FILE NUMBER(S) : 10419 of 2006
CORAM: Pain J
KEY ISSUES: Practice and Procedure :- whether amendment of plans should be allowed
DATES OF HEARING: 13 November 2007
DATE OF JUDGMENT: 16 November 2007
APPLICANT Mr C McEwen SC with Mr M Staunton SOLICITOR LEGAL REPRESENTATIVES: North Shore Lawyers RESPONDENT Mr P Tomasetti SC SOLICITOR Storey and Gough
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Pain J
16 November 2007
10419 of 2007 Chivers v Hornsby Council
JUDGMENT 1 Her Honour: These proceedings are part heard having been stood over from 16 August 2007 to 10 and 11 November 2007. The Applicant has made an application to rely on amended plans. I heard the application at the hearing of 10 November 2007. While I gave "in principle" leave to rely on amended plans on 10 November 2007 there were further changes needed to produce plans with sufficient detail to enable further notification to neighbours. These have now been prepared and I can formally rule on the Applicant's application to rely on amended plans. The amendments relate to a change in the use of an access track on the property at 9 Canoelands Road, Canoelands. The amendment proposes that an existing track on the western boundary be upgraded for occasional use for vehicles to go to the lower level of the property to undertake checks and necessary repairs on infrastructure on that level.
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