The appellant was granted leave to amend the grounds of appeal to add a fifth ground concerning on-site vehicle parking under the Sullivans Cove Planning Scheme 1997, with consequential directions vacating the existing evidence timetable and requiring the parties to agree on a new timetable. The Tribunal applied the Aon Risk Services framework and confirmed that at a relatively early stage of proceedings—before evidence exchange and before a hearing date is set—amendments raising arguable issues should generally be permitted where prejudice can be ameliorated by timetable adjustments. The decision reaffirms that in planning appeals conducted de novo, the Tribunal is not limited to the stated grounds of appeal but requires grounds to be particularised for procedural fairness, and that an amendment will not be refused merely because the opposing party challenges its merits unless the ground will inevitably fail.
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