Natour v Hunters Hill Council [2022] NSWLEC 1130

Natour v Hunters Hill Council [2022] NSWLEC 1130

The appeal was upheld because the parties reached an agreement to grant development consent subject to conditions, the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions, and no jurisdictional prerequisite or impediment prevented the making of the orders.

Jurisdiction
Australia
Judgment Date
14 March 2022
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of a Development Application / Final Orders Following a Conciliation Conference Under S 34 Aa(2) of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld; development application approved subject to conditions in Annexure 'A'.
Legal Topics
['development Application' 'dwelling House' 'demolition' 'swimming Pool and Landscaping' 'tree Removal' 'deemed Refusal Appeal' 'conciliation Conference' 'agreement Between the Parties' 'jurisdictional Prerequisites']
['planning and Environment Law' 'development Consent' 'land and Environment Court Procedure'] ['development Application' 'dwelling House' 'demolition' 'swimming Pool and Landscaping' 'tree Removal' 'deemed Refusal Appeal' 'conciliation Conference' 'agreement Between the Parties' 'jurisdictional Prerequisites']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of a Development Application / Final Orders Following a Conciliation Conference Under S 34 Aa(2) of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether Development Application No. DA-2021/1101 should be approved subject to agreed conditions following the parties' agreement at conciliation" 'Whether the proposed decision was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979' 'Whether any jurisdictional prerequisites or jurisdictional impediments prevented the Court from making the agreed orders']

Ratio Decidendi

The appeal was upheld because the parties reached an agreement to grant development consent subject to conditions, the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions, and no jurisdictional prerequisite or impediment prevented the making of the orders.

Court Disposition

Appeal upheld; development application approved subject to conditions in Annexure 'A'.

Orders

  • ['The Appeal is upheld.' "Development Application No. DA-2021/1101, for the demolition of existing buildings, construction of new two storey dwelling, swimming pool and landscaping including tree removal at 15 Centenary Avenue, Hunters Hill NSW 2110, is approved subject to the conditions in Annexure 'A'."]