Hogan v Sutherland Shire Council [2018] NSWLEC 1173

Hogan v Sutherland Shire Council [2018] NSWLEC 1173

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Court was satisfied the decision was one it could make, the appeal was upheld and development consent granted subject to conditions.

Parties
Applicant: Ben Hogan; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
06 April 2018
Procedural Posture
Appeal / Determination Following Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
Development Application, Appeal Against Deemed Refusal, Conciliation Agreement
Planning and Environment Law Development Application Appeal Against Deemed Refusal Conciliation Agreement

Case Brief

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Parties

Ben Hogan

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Appeal / Determination Following Conciliation Conference

Legal Issues

  1. 1 Whether the development application should be approved following agreement between the parties at conciliation

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Court was satisfied the decision was one it could make, the appeal was upheld and development consent granted subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • The Applicant is granted leave to rely on the amended plans referred to in Condition 1 of Annexure A.
  • The appeal is upheld.