Mackenzie v Hornsby Shire Council [2019] NSWLEC 1457

Mackenzie v Hornsby Shire Council [2019] NSWLEC 1457

The appeal is upheld and development consent granted to the amended application, as the Court is satisfied all jurisdictional preconditions are met, the terms align with lawful planning requirements, and agreement was reached between the parties through the s 34 conciliation process.

Jurisdiction
Australia
Judgment Date
27 September 2019
Procedural Posture
Appeal / Conciliation Conference; Orders Made
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
['development Application' 'residential Flat Building' 'conciliation Conference' 'development Consent' 'conditions of Consent']
['planning and Environment'] ['development Application' 'residential Flat Building' 'conciliation Conference' 'development Consent' 'conditions of Consent']

Case Brief

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Procedural Posture

Appeal / Conciliation Conference; Orders Made

Legal Issues

  1. 1 ['Whether leave should be granted to amend the development application' 'Whether development consent should be granted for amended application subject to conditions']

Ratio Decidendi

The appeal is upheld and development consent granted to the amended application, as the Court is satisfied all jurisdictional preconditions are met, the terms align with lawful planning requirements, and agreement was reached between the parties through the s 34 conciliation process.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • ['Applicant granted leave to rely on amended plans and documentation listed.' "Development Application No. DA/1549/2016 approved for demolition, tree removal, excavation and construction of two four to five storey residential flat buildings comprising 29 units and basement carpark, subject to conditions of consent...