Hoynes v City of Sydney Council [2019] NSWLEC 1189

Hoynes v City of Sydney Council [2019] NSWLEC 1189

Because the parties reached agreement on terms upholding the appeal and granting consent subject to conditions, and that decision was one the Court could have made in the proper exercise of its functions with no jurisdictional prerequisites to be satisfied, s 34(3) of the Land and Environment Court Act 1979 required...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 April 2019
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application Da/2018/877 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreed Orders
Outcome
The appeal is upheld and development application DA/2018/877 is approved subject to the conditions in Annexure 'A'.
Legal Topics
['development Application' 'development Consent' 'conciliation Conference' 'deemed Refusal']
['planning and Environment Law'] ['development Application' 'development Consent' 'conciliation Conference' 'deemed Refusal']

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application Da/2018/877 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreed Orders

Legal Issues

  1. 1 ["Whether the parties' agreed decision to uphold the appeal and grant consent to development application DA/2018/877 subject to conditions was a decision the Court could have made in the proper exercise of its functions."]

Ratio Decidendi

Because the parties reached agreement on terms upholding the appeal and granting consent subject to conditions, and that decision was one the Court could have made in the proper exercise of its functions with no jurisdictional prerequisites to be satisfied, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' decision.

Court Disposition

The appeal is upheld and development application DA/2018/877 is approved subject to the conditions in Annexure 'A'.

Orders

  • ['The appeal is upheld.' "Development application DA/2018/877 for the extension of the basement approved under D/2017/1749 at 524 Bourke Street, Surry Hills (Lot 9, DP236539) is approved subject to the conditions in Annexure 'A'."]