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ARTICLE · 07 MAY 2009

Property Developers May Be Ordered To Pay Councils´ Costs When Amended Development Applications Are Filed

DLA Piper Australia
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Property developers who appeal to the NSW Land and Environment Court and who decide that a proposed development should be amended run the risk that the Court will order them to pay the Council's costs for the original proposal.

AustraliaReal Estate and Construction
Carrie Follas
Carrie Follas
Chris Drury
Chris Drury
Laresa Koscharsky
Laresa Koscharsky
Tim L’Orange
Tim L’Orange
Peter Marincowitz
Peter Marincowitz

Property developers who appeal to the NSW Land and Environment Court and who decide that a proposed development should be amended run the risk that the Court will order them to pay the Council's costs for the original proposal.

The issue has emerged from a recent Land and Environment Court decision by the newly-appointed Senior Commissioner (Moore SC) in Cachia v Manly Council (No. 2) [2009] NSWLEC 1107. The decision appears to be the first involving section 97B of the Environmental Planning and Assessment Act 1979 (NSW).

Section 97B

Section 97B provides:

97B Costs payable if amended development application filed

  1. This section applies to proceedings if the Court, on an appeal by an applicant under section 97 allows the applicant to file an amended development application (other than to make a minor amendment).

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