The Next Generation Pty Limited v Independent Planning Commission [2020] NSWLEC 13

Land and Environment Court New South Wales

Medium Neutral Citation: The Next Generation Pty Limited v Independent Planning Commission [2020] NSWLEC 13 Hearing dates: 17 and 18 February 2020 Date of orders: 18 February 2020 Decision date: 18 February 2020 Jurisdiction: Class 1 Before: Moore J Decision: See orders at [60] Catchwords: AMENDMENT APPLICATION - State Significant Development proposal rejected by Independent Planning Commission - Class 1 appeal to the Court - application to amend State Significant Development proposal - question of whether proposed amended application so different as to constitute fresh development proposal - question whether no jurisdiction to accept proposed amendments - should proposed amendments be rejected as matter of discretion - as a matter of fact, proposed changes so different as to constitute fresh development proposal - no need to consider other bases of opposition to amendment - application for leave to amend refused Legislation Cited: Environmental Planning & Assessment Regulation 2000, reg 55 Environmental Planning and Assessment Act 1979, s 78A(1) Land and Environment Court Act 1979, s 38(2) Cases Cited: Ebsworth v Sutherland Shire Council [2005] NSWLEC 603 Ku-ring-gai Council v Bunnings Property Pty Ltd [2019] NSWCA 28 Orico Properties Pty Ltd v Inner West Council [2017] NSWLEC 90 Radray Constructions Pty Ltd v Hornsby Shire Council [2006] NSWLEC 155; (2006) 145 LGERA 292 Waite v Blacktown City Council [2004] NSWLEC 157 Category: Procedural and other rulings Parties: The Next Generation Pty Limited (Applicant) Independent Planning Commission (First Respondent) Blacktown City Council (Second Respondent) Jacfin Pty Ltd (Interested Party) Representation: Counsel: Mr I Hemmings SC/Mr M Seymour, barrister (Applicant) Ms J McKelvey, barrister (First Respondent) Mr M Astill, barrister (Second Respondent) Mr P Tomasetti SC (Interested Party)