ACON Pty Ltd v Hunter’s Hill Council [2024] NSWLEC 1428

ACON Pty Ltd v Hunter’s Hill Council [2024] NSWLEC 1428

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 for the grant of consent to the amended development application, and the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions with no identified jurisdictional impediment, the proceedings were disposed of in accordance with the agreement by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
25 July 2024
Procedural Posture
Class 1 Appeal Against Actual Refusal of Development Application Da2022/0139 Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development application determined by grant of consent subject to conditions in Annexure A.
Legal Topics
['development Application Appeal' 'demolition and Construction of Dwelling House' 'conciliation Conference' 'section 34 Agreement' 'heritage Conservation Area' 'stormwater Management' 'coastal Zone and Foreshore Controls' 'basix' 'landscaped Area and Height Controls']
['planning and Environment Law' 'development Consent' 'local Government'] ['development Application Appeal' 'demolition and Construction of Dwelling House' 'conciliation Conference' 'section 34 Agreement' 'heritage Conservation Area' 'stormwater Management' 'coastal Zone and Foreshore Controls' 'basix' 'landscaped Area and Height Controls']

Case Brief

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Procedural Posture

Class 1 Appeal Against Actual Refusal of Development Application Da2022/0139 Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court could make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether development consent could be granted for the amended development application for demolition, tree removal and construction of a dwelling house at 15 Wybalena Road, Hunters Hill.' 'Whether relevant statutory and planning controls, including the Environmental Planning and Assessment Act 1979, applicable State Environmental Planning Policies, Hunters Hill Local Environmental Plan 2012 and Hunters Hill Development Control Plan 2013, presented any jurisdictional impediment to consent.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 for the grant of consent to the amended development application, and the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions with no identified jurisdictional impediment, the proceedings were disposed of in accordance with the agreement by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development application determined by grant of consent subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Application DA2022/0139 for the demolition of existing structures, removal of two trees and construction of a dwelling house containing five bedrooms and integrated garage parking at 15 Wybalena Road, Hunters Hill (legally known as Lot 3 in DP 26618) is determined by the grant...