Domenic A Mariani v Hornsby Shire Council [2017] NSWLEC 1368

Domenic A Mariani v Hornsby Shire Council [2017] NSWLEC 1368

The Court, being satisfied under s 34(3) of the Land and Environment Court Act 1979 that the parties' agreement was one it could have made in the proper exercise of its functions, disposed of the proceedings in accordance with that agreement and granted development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
14 July 2017
Procedural Posture
Appeal / Post Conciliation Conference—final Orders
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
['development Application' 'construction of Dwelling House' 'swimming Pool' 'landscaping Works' 'conciliation Conference' 'appeal Against Refusal']
['planning and Environment'] ['development Application' 'construction of Dwelling House' 'swimming Pool' 'landscaping Works' 'conciliation Conference' 'appeal Against Refusal']

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Procedural Posture

Appeal / Post Conciliation Conference—final Orders

Legal Issues

  1. 1 ['Whether development consent should be granted for construction of a dwelling house with swimming pool and landscaping works']

Ratio Decidendi

The Court, being satisfied under s 34(3) of the Land and Environment Court Act 1979 that the parties' agreement was one it could have made in the proper exercise of its functions, disposed of the proceedings in accordance with that agreement and granted development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • ['Applicant given leave to amend the development application by substituting specified plans' "Development consent granted to Development Application No. DA/873/2016 for the construction of a dwelling house with swimming pool and landscaping works at 210A and 212 Quarter Sessions Road, Westleigh, subject to the...