Dual Property Group Pty Ltd v Blacktown City Council

[2026] NSWLEC 7

NSW Land and Environment Court

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Interrogate

Catchwords

1. Practice and Procedure
2. › Class 1 appeal
3. › Amendment of development application
4. › Substitution of applicant
5. › Development application lodged in name of wrong applicant by mistake
6. › Power of Court sitting as consent authority to amend development application
7. › Environmental Planning and Assessment Regulation 2021 (NSW), ss 37, 38(1)
8. › Land and Environment Court Act 1979 (NSW), s 39(2)
1. Practice and Procedure
2. › Class 1 appeal
3. › Amendment of originating process
4. › Substitution of party
5. › Correction of mistake in name of party
6. › Whether amendment misleading or causing reasonable doubt as to identity of intended party
7. › Civil Procedure Act 2005 (NSW), ss 64, 65(2)(b)
8. › Uniform Civil Procedure Rules 2005 (NSW), r 19.2

Quick Take

Where a development application has been lodged in the name of the wrong entity by mistake, the correct procedure in Class 1 proceedings is to first seek amendment of the DA under s 38(1) of the EPA Regulations (the Court exercising its power as consent authority), and only then to amend the Class 1 application under ss 64/65 CPA or r 19.2 UCPR to substitute the correct party.

Case Details

Citation[2026] NSWLEC 7

CourtNSWLEC

JurisdictionNew South Wales

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Relies on4

2021AQC Dartbrook Management Pty Ltd v Minister for Planning and Public SpacesNSWCA 112
2010Betohuwisa Investments Pty Ltd v Kiama Municipal CouncilNSWLEC 223
2008IGS Enterprises Pty Limited v Hornsby Shire Council & AnorNSWLEC 304
2007Greenwood v PapademetriNSWCA 221

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