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Planning & Development Law: Amended Plans affixed to Joint Expert Reports

Joint Conferencing

A recent trend occurring in Land and Environment Court Class 1 Development Appeals is where an Applicant’s expert presents at a joint expert report conference with a set of amended plans that the Respondent’s expert is expected to consider for the purpose of the joint report. Often, this occurs where a hearing is listed within a very short time period from the joint conference creating confusion for the Respondent’s expert in relation to whether they are required to consider the amended plans for the purposes of the joint conference.  This trend also creates difficulties for Local Council Respondents in relation to notification of amended plans to objectors, preparation of draft conditions of consent and assessment of the plans prior to the hearing due to the tight time constraints.

Directions in relation to amended plans

Recently, in Landco (NSW) v Camden Council [2017] NSWLEC 86  Robson J made directions as duty Judge in a Class 1 Development Appeal for a similar situation.
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