Atlen Construction Pty Ltd v Hunters Hill Council [2019] NSWLEC 1329

Atlen Construction Pty Ltd v Hunters Hill Council [2019] NSWLEC 1329

The Court upheld the appeal and granted conditional development consent after satisfaction of statutory preconditions, agreement between parties, and adequate justification of breaches of height and FSR standards under clause 4.6 of HHLEP, as the breaches were limited, yielded public benefit, and met environmental planning grounds. The Court was required to dispose the proceedings as agreed by the parties under s 34(3) of the LEC Act.

Jurisdiction
Australia
Judgment Date
12 July 2019
Procedural Posture
Development Appeal / Conciliation Conference, Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions; leave to rely on amended plans; variations of height and FSR standards allowed.
Legal Topics
['development Appeals' 'variation of Development Standards' 'residential Apartment Development' 'shop Top Housing' 'heritage Conservation']
['planning Law' 'environmental Law'] ['development Appeals' 'variation of Development Standards' 'residential Apartment Development' 'shop Top Housing' 'heritage Conservation']

Case Brief

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Procedural Posture

Development Appeal / Conciliation Conference, Final Orders

Legal Issues

  1. 1 ['Whether leave should be granted to rely on amended plans' 'Whether written request under clause 4.6 of HHLEP to contravene height and FSR standards should be upheld' 'Whether the appeal against the deemed refusal of DA2017/1197 should be upheld' 'Whether the development consent should be granted']

Ratio Decidendi

The Court upheld the appeal and granted conditional development consent after satisfaction of statutory preconditions, agreement between parties, and adequate justification of breaches of height and FSR standards under clause 4.6 of HHLEP, as the breaches were limited, yielded public benefit, and met environmental planning grounds. The Court was required to dispose the proceedings as agreed by the parties under s 34(3) of the LEC Act.

Court Disposition

Appeal upheld; development consent granted subject to conditions; leave to rely on amended plans; variations of height and FSR standards allowed.

Orders

  • ['Applicant granted leave to rely on amended plans listed in condition 2 in Part A of conditions of consent at Annexure "A".' "Applicant's written request under clause 4.6 of HHLEP for contravention of height standard imposed by clause 4.3 is upheld." "Applicant's written request under clause 4.6 of HHLEP for...