Anglican Community Services v Hornsby Shire Council [2018] NSWLEC 1620

Anglican Community Services v Hornsby Shire Council [2018] NSWLEC 1620

The appeal is upheld and the Modification Application DA/1709/2007/J is granted with conditions, as the proposed modification is consistent with Hornsby Local Environmental Plan 2013 and involves no adverse amenity impacts, and the parties' agreement represents a decision the Court could properly make.

Parties
Applicant: Anglican Community Services; Respondent: Hornsby Shire Council
Jurisdiction
Australia
Judgment Date
30 November 2018
Procedural Posture
Class 1 Appeal / Determination Following Conciliation Conference
Outcome
Appeal upheld; modification application granted with consolidated and modified conditions of consent
Legal Topics
Modification Application, Deemed Refusal, Development Consent, Conciliation Conference
Planning and Environment Law Modification Application Deemed Refusal Development Consent Conciliation Conference

Case Brief

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Parties

Anglican Community Services

Applicant

Hornsby Shire Council

Respondent

Procedural Posture

Class 1 Appeal / Determination Following Conciliation Conference

Legal Issues

  1. 1 Whether Modification Application DA/1709/2007/J should be granted to modify the existing Development Consent
  2. 2 Whether the proposed modification is consistent with the Hornsby Local Environmental Plan 2013
  3. 3 Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

The appeal is upheld and the Modification Application DA/1709/2007/J is granted with conditions, as the proposed modification is consistent with Hornsby Local Environmental Plan 2013 and involves no adverse amenity impacts, and the parties' agreement represents a decision the Court could properly make.

Court Disposition

Appeal upheld; modification application granted with consolidated and modified conditions of consent

Orders

  • The appeal is upheld.
  • Modification Application No. DA/1709/2007/J is approved as set out in Annexure 'A'.