Yassine Holdings Pty Ltd v Burwood Council

Land and Environment Court New South Wales Medium Neutral Citation: Yassine Holdings Pty Ltd v Burwood Council [2015] NSWLEC 1559 Hearing dates:20 February 2015Date of orders: 20 February 2015 Decision date: 20 February 2015 Jurisdiction:Class 1Before: Registrar Gray Decision: Leave granted to rely on amended plans Catchwords: AMENDED PLANS – whether amendment was a new development application – whether leave should be granted Legislation Cited: Environmental Planning and Assessment Regulation 2000 Cases Cited: Ebsworth v Sutherland Shire Council [2005] NSWLEC 603 Radray Constructions Pty Ltd v Hornsby Shire Council (2006) 145 LGERA 292 Australian Enterprise Holdings Pty Ltd v Camden Council (2010) 173 LGRA 226 Pepperwood Ridge v Newcastle City Council [2007] NSWLEC 19 Yassine Holdings Pty Ltd v Burwood Council [2015] NSWLEC 1023 Category:Consequential orders (other than Costs)Parties: Yassine Holdings Pty Ltd (Applicant) Burwood Council (Respondent) Representation: Counsel:     Solicitors: Wilshire Webb Staunton Beattie (Applicant) Marsdens Law Group (Respondent) File Number(s):10744 of 2014Publication restriction:NoJudgment ON NOTICE OF MOTION REGISTRAR:  This matter came before me following a Notice of Motion having been filed by the applicant in the proceedings seeking leave to rely on amended plans. The development, the subject of the appeal, was made originally to the Council on 3 July 2014.  Following the expiry of the deemed refusal period for the application, an appeal was lodged to this Court on 16 September 2014. Following the lodgement of that appeal an amendment to the Burwood LEP was made, such that the height limit for the area was reduced, as well...