Aboud v Hunter’s Hill Council [2018] NSWLEC 1504

Aboud v Hunter’s Hill Council [2018] NSWLEC 1504

As the parties reached an agreement and the Commissioner was satisfied it was a decision the Court could have made, s 34(3) of the Land and Environment Court Act 1979 required the proceedings be disposed of by making the agreed orders without a merit assessment.

Parties
Applicant: Emileen Aboud; Respondent: Hunter's Hill Council
Jurisdiction
Australia
Judgment Date
26 September 2018
Procedural Posture
Class 1 Development Application Appeal / Post Conciliation Conference; Final Orders by Consent
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Application, Conciliation Conference, Clause 4.6 Variation, Maximum Height Standard, Landscaped Area Standard
Planning and Environment Development Application Conciliation Conference Clause 4.6 Variation Maximum Height Standard Landscaped Area Standard

Case Brief

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Parties

Emileen Aboud

Applicant

Hunter's Hill Council

Respondent

Procedural Posture

Class 1 Development Application Appeal / Post Conciliation Conference; Final Orders by Consent

Legal Issues

  1. 1 Whether the Applicant should be permitted to rely on documents supporting Development Application No. 2017/1060
  2. 2 Whether the written request under clause 4.6 to contravene the maximum height standard imposed by clause 4.3 of Hunters Hill Local Environmental Plan 2012 should be upheld
  3. 3 Whether the written request under clause 4.6 to contravene the landscaped area standard imposed by clause 6.9 of Hunters Hill Local Environmental Plan 2012 should be upheld

Ratio Decidendi

As the parties reached an agreement and the Commissioner was satisfied it was a decision the Court could have made, s 34(3) of the Land and Environment Court Act 1979 required the proceedings be disposed of by making the agreed orders without a merit assessment.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • Leave is granted to rely on specified architectural plans for Development Application No. 2017/1060.
  • The Applicant's written request under clause 4.6 of Hunters Hill Local Environmental Plan 2012 to contravene the maximum height development standard is upheld.