The Village McEvoy Pty Ltd v Council of the City of Sydney [2009] NSWLEC 1214

Land and Environment Court of New South Wales

CITATION : The Village McEvoy Pty Ltd v Council of the City of Sydney [2009] NSWLEC 1214

APPLICANT The Village McEvoy Pty Ltd PARTIES : RESPONDENT Council of the City of Sydney

FILE NUMBER(S) : 11264 of 2008

CORAM: Acting Registrar Gray

KEY ISSUES: DEVELOPMENT APPLICATION - SECTION 97 APPEAL :- Leave to file amended plans - Whether leave should be granted - No jurisdiction to deal with original application

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

Dyldam Developments Pty Ltd v Holroyd City Council [2001] NSWLEC 204 Ebsworth v Sutherland Shire Council [2005] NSWLEC 603 CASES CITED: Elali v Campbelltown City Council [2004] NSWLEC 554 Humphrey & Edwards v City of Sydney [2009] NSWLEC 1075 Radray Constructions Pty Ltd v Hornsby Shire Council [2006] NSWLEC 155 Waite v Blacktown City Council [2004] NSWLEC 157

DATES OF HEARING: 29 April 2009

DATE OF JUDGMENT: 1 May 2009

APPLICANT Ms Hunt, Solicitor Shaw Reynolds Bowen & Gerathy

LEGAL REPRESENTATIVES: RESPONDENT Mr P Tomasetti SC SOLICITORS Maddocks Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

ACTING REGISTRAR GRAY

FRIDAY 1 MAY 2009

11264/08 - The Village McEvoy Pty Ltd v Council of the City of Sydney

JUDGMENT 1 ACTING REGISTRAR: This is an application made by way of Notice of Motion filed by the applicant on 20 April 2009. The Notice of Motion seeks leave to rely on amended architectural drawings in respect of a proposed mixed use development located in Alexandria. The original development application was lodged with the Council of the City of Sydney, the respondent, in October 2008.