D’Anastasi v The Hills Shire Council [2020] NSWLEC 1579

D’Anastasi v The Hills Shire Council [2020] NSWLEC 1579

The appeal is upheld and consent granted on the basis that the jurisdictional prerequisites for the development, as set by the relevant statutes and planning instruments, have been satisfied, and that the parties’ agreement is a decision the Court could have made in the proper exercise of its functions under s 34(3) LEC Act.

Jurisdiction
Australia
Judgment Date
25 November 2020
Procedural Posture
Appeal / Final Determination Following Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions; leave to amend application granted; applicant to pay respondent’s costs as agreed or assessed.
Legal Topics
['development Application' 'remediation of Land' 'filling of Dam' 'environmental Protection Works' 'conciliation Conference']
['environmental Law' 'planning Law'] ['development Application' 'remediation of Land' 'filling of Dam' 'environmental Protection Works' 'conciliation Conference']

Case Brief

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Procedural Posture

Appeal / Final Determination Following Conciliation Conference

Legal Issues

  1. 1 ['Whether jurisdictional prerequisites for development consent are met' 'Whether the proposed remediation and filling are permissible under applicable planning instruments' 'Consideration of statutory and local planning controls' 'Effect of proposed works on heritage, adjoining properties, and environmental objectives']

Ratio Decidendi

The appeal is upheld and consent granted on the basis that the jurisdictional prerequisites for the development, as set by the relevant statutes and planning instruments, have been satisfied, and that the parties’ agreement is a decision the Court could have made in the proper exercise of its functions under s 34(3) LEC Act.

Court Disposition

Appeal upheld; development application approved subject to conditions; leave to amend application granted; applicant to pay respondent’s costs as agreed or assessed.

Orders

  • ['Applicant granted leave to amend development application and rely on specified plans and documents.' "Applicant to pay Respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed." 'Appeal is upheld.' "Development Application 943/2019/HA...