Urbis Pty Ltd v Sutherland Shire Council

CITATION : Urbis Pty Ltd v Sutherland Shire Council [2001] NSWLEC 147 APPLICANT: Urbis Pty Ltd PARTIES : RESPONDENT: Sutherland Shire Council FILE NUMBER(S) : 10774 of 2000 CORAM: Talbot J KEY ISSUES: Practice & Procedure :- Amended plans - whether they may be treated as an amendment of the development application - leave granted on terms Construction & Interpretation :- Whether new plans are amended plans for the purpose of cl 55 Environmental and Planning Assessment Regulation 2000 Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Environmental Planning and Assessment Regulation - cl 55 Land and Environment Court Rules 1996 Ervin Mahrer and Partners v Strathfield Municipal Council [No 2] [2001] NSWLEC 140, unreported; R v Shanahan & Ors; Ex Parte Northern Territory Planning Authority (1984) 54 LGRA 255; CASES CITED: Ross Karp & Associates Pty Limited v Randwick City Council (1999) 106 LGERA 397; Toadolla Company Pty Ltd v Dumaresq Shire Council [1992] NSWLEC 129; Willoughby Municipal Council v Manchil Pty Limited (1974) 29 LGRA 303 DATES OF HEARING: 5 July 2001 DATE OF JUDGMENT: 07/11/2001

19. In the course of argument the parties made reference to the recent decision of Bignold J in Ervin Mahrer and Partners v Strathfield Municipal Council [No 2] [2001] NSWLEC 140, unreported. In His Honours' typically thorough and comprehensive way, Bignold J identified and examined the sources of the amendment power and then provided his interpretation of the amendment power created by cl 55 of the Environmental Planning and Assessment Regulation 2000 ('the EP&A Regulation").

[1992] NSWLEC 129

(1999) 106 LGERA 397