Bonett v Hunters Hill Council [2018] NSWLEC 1583

Bonett v Hunters Hill Council [2018] NSWLEC 1583

The Court upheld the appeal and approved the modification application, giving effect to the agreement between the parties reached at the conciliation conference, as the Court was satisfied there was no jurisdictional impediment and the modifications did not substantially change the approved development.

Jurisdiction
Australia
Judgment Date
08 November 2018
Procedural Posture
Class 1 Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld; modification approved as per parties' agreement.
Legal Topics
['development Application Modification' 'subdivision' 'landscaping' 'swimming Pool Relocation']
['environmental Law' 'planning Law'] ['development Application Modification' 'subdivision' 'landscaping' 'swimming Pool Relocation']

Case Brief

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Procedural Posture

Class 1 Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether the proposed modification to the development consent should be approved under s 4.55 of the Environmental Planning and Assessment Act 1979' 'Whether the agreement reached at conciliation conference can be endorsed by the Court under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

The Court upheld the appeal and approved the modification application, giving effect to the agreement between the parties reached at the conciliation conference, as the Court was satisfied there was no jurisdictional impediment and the modifications did not substantially change the approved development.

Court Disposition

Appeal upheld; modification approved as per parties' agreement.

Orders

  • ['Applicant given leave to amend the application and rely on new landscaping plans, management plan, and arboricultural report.' 'Appeal upheld.' 'Modification Application 2016-1171-1S96(1a) approved as per Annexure B.' 'Development Consent 2016-1171 is now subject to consolidated conditions as set out in Annexure C.']