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 1023 Hearing dates:6 February 2015Date of orders: 17 February 2015 Decision date: 17 February 2015 Jurisdiction:Class 1Before: Tuor C Decision: 1. The applicant is granted leave to amend development application No. DA/62/2014 in accordance with the plans referred to in Annexure "A" to the Affidavit of Troy Flaherty affirmed on 2 February 2015 (Issue E Plans).2. The Applicant is to pay the Respondent's costs arising under s 97B of the Environmental Planning and Assessment Act 1979 as agreed or assessed. Catchwords: DEVELOPMENT APPLICATION - Notice of Motion to amend plans. Whether amendments constitute an original application. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act Environmental Planning and Assessment Regulation 2000 Burwood Local Environmental Plan 2012 Cases Cited: Blackmore Design Group Pty Ltd v Manly Council [2014] NSWLEC 164 Flower & Samios Pty Ltd v Shoalhaven City Council [2005] NSWLEC 620 Pan Pacific Property Group Pty Ltd Waverley Council (2) [2010] NSWLEC 1041 Pepperwood Ridge v Newcastle City Council [2007] NSWLEC 19 Radray Constructions Pty Ltd v Hornsby Shire Council [2006] 145 LGERA 292 Waite -v- Blacktown City Council [2004] NSWLEC 157 Category:Principal judgmentParties: Yassine Holdings Pty Ltd (Applicant) Burwood Council (Respondent) Representation: Counsel: Mr P Clay SC (Applicant) Solicitors: Wilshire Webb Staunton Beattie (Applicant) Marsdens Law Group (Respondent) File Number(s):10401 of 2014Judgment The applicant, by Notice of Motion filed on 2 February 2015, seeks leave to...