Gregory v Central Coast Council [2016] NSWLEC 1481

Land and Environment Court New South Wales

Medium Neutral Citation: Gregory v Central Coast Council [2016] NSWLEC 1481 Hearing dates: 18 October 2016 Date of orders: 20 October 2016 Decision date: 20 October 2016 Jurisdiction: Class 1 Before: Registrar Gray Decision: (1) The Notice of Motion filed by the Applicant on 11 October 2016 is dismissed; (2) The applicants pay the respondent's costs of the Notice of Motion filed 11 October 2016 as agreed or assessed, unless the one or both of the parties seek to exercise liberty to restore the question of costs to the list, which is granted on 3 days notice, within 14 days of the date of these orders. Catchwords: Application for leave to amend modification application; Power to amend modification application; Question of reference point for determining whether it is a new application; Proposed amendment constitutes new modification application Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulations 2000 Land and Environment Court Act 1979 Cases Cited: Ebsworth v Sutherland Shire Council [2005] NSWLEC 603 Jaimee Pty Ltd v Council of the City of Sydney [2010] NSWLEC 245 Mirvac Projects Pty Ltd v Ku-ring-gai Council [2007] NSWLEC 540 Category: Procedural and other rulings Parties: Kevin Gregory (First Applicant) Patricia Gregory (Second Applicant) Central Coast Council (Respondent) Representation: Solicitors: Mr Whealy, Mills Oakley (Applicants) Mr Ball, Central Coast Council (Respondent) File Number(s): 2016/00149967