The Registrar held that a proposed amendment to a development application on appeal that changed the use of buildings from a dwelling house to a farm shed, and from an attached dual occupancy to a single detached dwelling, constituted a new application beyond the court's amendment power under ss 37-38 of the EPA Regulation 2021. Applying Reid v Woollahra Municipal Council [2023] NSWLEC 1611, the test is whether the amended proposal can still answer the description of the development for which consent was originally sought; where the proposed amendment introduces entirely new uses not contemplated by the original DA, it is beyond power. The amendment to the BIC appeal Class 1 Application form was granted as uncontroversial, and costs of the motion were ordered against the applicants given the clear notice of opposition and the weight of authority against the proposed DA amendment.
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