Kakakios v Hunter’s Hill Council [2018] NSWLEC 1414

Kakakios v Hunter’s Hill Council [2018] NSWLEC 1414

An agreement having been reached between the parties under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner being satisfied that the decision was one the Court could have made, the appeal was upheld and the development application approved subject to agreed conditions.

Jurisdiction
Australia
Judgment Date
08 August 2018
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
['development Application' 'dual Occupancy' 'conciliation Conference' 'agreement Between Parties' 'section 34 Land and Environment Court Act 1979']
['planning and Environment'] ['development Application' 'dual Occupancy' 'conciliation Conference' 'agreement Between Parties' 'section 34 Land and Environment Court Act 1979']

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Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the Development Application No. DA20171075 should be approved after refusal by Council' 'Whether the proposed variation to the Minimum Subdivision Lot Size under cl 4.1 of Hunters Hill Local Environmental Plan 2012 should be upheld']

Ratio Decidendi

An agreement having been reached between the parties under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner being satisfied that the decision was one the Court could have made, the appeal was upheld and the development application approved subject to agreed conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • ['The applicant is granted leave to rely on amended plans and documents referred to in the conditions of consent.' 'The clause 4.6 written request to vary the Minimum Subdivision Lot Size control under cl 4.1 of Hunters Hill Local Environmental Plan 2012 is upheld.' 'The appeal is upheld.' 'Development Application...