Chateau Architects & Builders Pty Ltd v Hunter’s Hill Council [2018] NSWLEC 1622

Chateau Architects & Builders Pty Ltd v Hunter’s Hill Council [2018] NSWLEC 1622

Because the parties reached agreement to uphold the appeal and grant consent with conditions, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, including having regard to consistency with the Hunters Hill Local Environmental Plan 2012, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
30 November 2018
Procedural Posture
Class 1 Appeal Against the Deemed Refusal of Development Application 2017/1202 Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Parties Reached Agreement and Orders Were Made
Outcome
Appeal upheld; development consent granted with conditions.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'consent Orders' 'residential Development']
['planning and Environment Law' 'development Consent'] ['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'consent Orders' 'residential Development']

Case Brief

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Procedural Posture

Class 1 Appeal Against the Deemed Refusal of Development Application 2017/1202 Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Parties Reached Agreement and Orders Were Made

Legal Issues

  1. 1 ["Whether the parties' agreed decision to uphold the appeal and grant development consent with conditions was a decision the Court could have made in the proper exercise of its functions" 'Whether the development application satisfied relevant jurisdictional prerequisites, including consistency with the Hunters Hill Local Environmental Plan 2012']

Ratio Decidendi

Because the parties reached agreement to uphold the appeal and grant consent with conditions, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, including having regard to consistency with the Hunters Hill Local Environmental Plan 2012, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development consent granted with conditions.

Orders

  • ['The Applicant is granted leave to rely on the amended drawings dated 9 November 2018 annexed hereto and marked "A".' 'The appeal is upheld.' 'Development consent is granted to Development Application No. 2017-1202 for construction of a new two storey house with basement, new pool and landscaping works at No. 3...