NSW Caselaw
Reported Decision : 173 LGERA 226
Land and Environment Court of New South Wales
CITATION : Australian Enterprise Holdings Pty Ltd t-as AEH Group v Camden Council [2010] NSWLEC 70
APPLICANT Australian Enterprise Holdings Pty Ltd t/as AEH Group PARTIES : RESPONDENT Camden Council
FILE NUMBER(S) : 10241 of 2010
CORAM: Pepper J
DEVELOPMENT APPLICATION :- whether amendments to development application by reliance on amended architectural plans, subdivision plans and further expert material constituted a new development application or an amended development application - held not a new development application KEY ISSUES: COSTS :- whether amendments to development application "minor" - held they were not - applicant to pay respondent's costs occasioned by amendments pursuant to s 97B
Environmental Planning and Assessment Act 1979 ss 4, 4B, 97B LEGISLATION CITED: Land and Environment Court Act 1979 s 39(2) Environmental Planning and Assessment Regulation 2000 cl 55
Futurespace Pty Ltd v Ku-ring-gai Council (2009) 169 LGERA 45 CASES CITED: Pepperwood Ridge Pty Ltd v Newcastle City Council [2007] NSWLEC 19 Radray Constructions Pty Ltd v Hornsby Shire Council (2006) 145 LGERA 292 Seyffer v Shoalhaven City Council (2006) 149 LGERA 19
DATES OF HEARING: 5 May 2010
DATE OF JUDGMENT: 6 May 2010
APPLICANT Mr D Miller SOLICITORS Gadens Lawyers LEGAL REPRESENTATIVES: RESPONDENT Ms T Hunt (solicitor) SOLICITORS Shaw Reynolds Bowen & Gerathy
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