On 8 February 2017, Justice Sheahan of the Land and Environment Court handed down his decision in the case of Lateral Estate Pty Ltd v The Council of the City of Sydney [2017] NSWLEC6 concerned with the acceptance of amended plans to a development application when the statutory right to appeal on a deemed refusal had lapsed.
This case involved a deemed refusal of a development application to redevelop 501-509 and part of 511-515 Botany Road, Zetland, which included sites identified within the Green Square Town Centre (DA). The DA, lodged on 13 November 2014, was with respect to an ‘integrated development’, requiring the consultation by Council with the NSW Office of Water.