Event and Time
Event Description
The case involves a notice of motion where the Respondent seeks to amend its statement of facts and contentions (SOFAC) in an appeal regarding the refusal of a development application (DA 53997/2018) to subdivide land at 17-25 Fountains Road, Narara. The key issue arose from the late identification of potentially contaminated materials on the site, which necessitated changes in the procedural handling of the case.
Application and Claims
- The Respondent filed a notice of motion to amend its SOFAC to include recent findings about potentially contaminated materials.
- The Applicant claimed that the late notification and the complexity of addressing the contamination issue would prejudicially affect their case if the hearing dates remained as scheduled on 3 and 4 August 2020.
- The Applicant also contested the relevance of a new contention regarding potential ecological impacts on Eucalyptus biconvexa mentioned in paragraph 99 of the Respondent's proposed amended SOFAC.
- Both parties expressed a willingness to address the contamination matter fairly and adequately.
Judicial Decisions
- The Court granted the Respondent's application to amend its SOFAC except for the material in paragraph 99.
- The initial hearing dates of 3 and 4 August 2020 were vacated to allow the Applicant time to respond to the newly identified contamination.
- The parties were directed to appear for further directions on 5 August 2020.
Dispute Points and Legal Basis
Dispute Points
Applicant's Position:
- Argued that the late discovery of potentially contaminated fill presents a jurisdictional hurdle under SEPP 55, requiring time to address it adequately.
- Contended that proceeding without sufficient time would be prejudicial.
- Challenged the inclusion of new contentions regarding ecological impacts as unwarranted given available expert evidence.