RAMM Investments Pty Limited v Campbelltown City Council [2015] NSWLEC 1305

Land and Environment Court New South Wales

Medium Neutral Citation: RAMM Investments Pty Limited v Campbelltown City Council [2015] NSWLEC 1305 Hearing dates: 5 August 2015 Date of orders: 05 August 2015 Decision date: 05 August 2015 Jurisdiction: Class 1 Before: Dixon C Decision: 1. Applicant's Notice of Motion dated 27 July 2015 is dismissed. 2. Pursuant to Rule 12.1 of the Uniform Civil Procedure Rules 2005, leave is granted to the applicant to discontinue the proceedings on the basis that the Respondent is not precluded from making an application seeking an order that the Applicant pay the Respondent's costs of the proceedings. Catchwords: APPEAL - DEVELOPMENT APPLICATION – residential development – affordable housing –application to amend plans and vacate the hearing date –substitution of amended plans – cl55 EPA Regulations – scope of power - jurisdiction - is the amended development an original application - Legislation Cited: Uniform Civil Procedure Rules 2005 State Environmental Planning Policy (Affordable Rental Housing) 2009 Environmental Planning & Assessment Regulations 2000 Environmental Planning & Assessment Act 1979 Cases Cited: Radray Constructions Pty Ltd v Hornsby Shire Council (2006) 145 LGERA 299. Ebsworth v Sutherland Shire Council [2005] NSW LEC 603. Harkim V Canada Bay City Council [2006] NSW LEC 746. Bridge Shipping Pty Ltd v Grand Shipping SA (1991) 173 CLR. Category: Procedural and other rulings Parties: RAMM Investments Pty Limited (Applicant) Campbelltown City Council (Respondent) Representation: Counsel: Ms A Pearman (Applicant) Ms P Hudson (solicitor) (Respondent)