DCRM Management Services Pty Ltd v Hornsby Shire Council [2020] NSWLEC 1141

Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da/633/2016 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

1. 1 ["Whether the Court could make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether pre-conditions to granting development consent were met, including requirements concerning remediation under State Environmental Planning Policy No 55—Remediation of Land.' 'Whether the development satisfied relevant zone objectives and controls under the Hornsby Local Environmental Plan 2014, including cl 6.2 earthworks provisions.' 'Whether general terms of approval from Roads and Maritime Services and NSW Rural Fire Services should be imposed as conditions of consent.' 'Whether submissions made on the application had been considered.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the Court could make the decision in the proper exercise of its functions and that the pre-conditions to consent had been met through agreed conditions addressing remediation, LEP controls, RMS and RFS requirements, and submissions, the appeal was upheld and development consent was granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

• ['The Applicant is granted leave to rely upon the listed plans and documents, subject to operational condition 2 in Annexure "A".' 'The appeal is upheld.' 'Development Consent is granted to DA/633/2016 for the demolition of existing structures, remediation of contaminated land, subdivision of six allotments into 13...