Howard-Jones v Leichhardt Council

Land and Environment Court New South Wales Medium Neutral Citation: Howard-Jones v Leichhardt Council [2015] NSWLEC 1309 Hearing dates:30 July 2015Decision date: 05 August 2015 Jurisdiction:Class 1Before: O’Neill C Decision: The Applicant’s Notice of Motion dated 28 July 2015 seeking leave to amend the application is dismissed. Catchwords: NOTICE OF MOTION: motion to amend the application; whether amended architectural plans constitute a new application; whether the Court’s discretion should be exercised in favour of the applicant. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 Waite v Blacktown City Council [2004] NSWLEC 157 Hakim v Canada Bay City Council [2006] NSWLEC 746 Category:Principal judgmentParties: David & Annaleise Howard-Jones (Applicant) Leichhardt Municipal Council (Respondent) Representation: Counsel: Mr G. McKee solicitor (Applicant) Mr M. Bonanno solicitor (Respondent) Solicitor: McKees Legal Solutions (Applicant) Leichhardt Council (Respondent) File Number(s):10374 of 2015Judgment COMMISSIONER: Appeal No. 10374 of 2015 is an appeal against the refusal of Development Application No. D/2015/98 by Leichhardt Council for alterations and additions to an existing dwelling at 5 Phoebe Street, Balmain. This judgment deals with the applicant’s Notice of Motion dated 28 July 2015 to amend the application in respect of the appeal. Attached to the applicant’s Notice of Motion is a set of architectural plans identified as Revision E and dated 23.7.15 and a schedule of amendments to architectural plans for each of the five issues of the plans. The...