Moshav Development Rose Bay Pty Limited v Woollahra Municipal Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Moshav Development Rose Bay Pty Limited v Woollahra Municipal Council [2016] NSWLEC 141 Hearing dates:20 October 2016Date of orders: 20 October 2016 Decision date: 20 October 2016 Jurisdiction:Class 1Before: Moore J Decision: See [1] to [13] Catchwords: DEVELOPMENT APPLICATION – leave sought to rely on amended plans – issue of permissibility of amendment raised by council – existing use rights – no application for separate question – matter appropriate to be determined at trial – leave granted – s 97B costs order appropriate Legislation Cited: Environmental Planning and Assessment Act 1979, s 97B(2) Category:Procedural and other rulingsParties: Moshav Development Rose Bay Pty Limited (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: Ms A Cowper, solicitor (Applicant) Mr M Cottom, solicitor (Respondent)   Solicitors: Mills Oakley (Applicant) HWL Ebsworth (Respondent) File Number(s):239722 of 2016Publication restriction:NoEX TEMPORE Judgment HIS HONOUR: In these proceedings, the Applicant has sought leave to rely on amended plans that are said, in the affidavit of Ms Cowper of 10 October 2016 read on the motion, to be responsive to matters that arise out of correspondence between the Applicant and the Council about existing use rights on each of the two parcels proposed to be encompassed by the development for which consent is sought. The Council resists the granting of leave to rely on amended plans on the basis that, with respect to the northern of the two allotments, the Council says that the proposed apartments 1, 2...