Lin v Hawkesbury City Council [2022] NSWLEC 1098

Lin v Hawkesbury City Council [2022] NSWLEC 1098

The Court upheld the appeal and approved the development application because the parties reached agreement under s 34, the Commissioner was satisfied that the relevant jurisdictional prerequisites and planning controls had been addressed, and the agreed 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.

Jurisdiction
Australia
Judgment Date
25 February 2022
Procedural Posture
Class 1 Appeal Against Refusal of Development Application No. Da0140/20 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; Development Application No. DA0140/20 approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'residential Dwelling' 'wastewater and Stormwater Management Systems' 'biodiversity Offsets' 'koala Habitat Protection' 'remediation of Land' 'basix']
['planning and Environment Law' 'development Consent'] ['development Application' 'conciliation Conference' 'residential Dwelling' 'wastewater and Stormwater Management Systems' 'biodiversity Offsets' 'koala Habitat Protection' 'remediation of Land' 'basix']

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application No. Da0140/20 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision to uphold the appeal and grant development consent was a decision 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 jurisdictional prerequisites for granting consent to the Proposed Development were satisfied, including requirements concerning contamination, BASIX, koala habitat, Hawkesbury-Nepean River planning controls, local environmental planning controls, biodiversity assessment and offsets, and the development control plan.']

Ratio Decidendi

The Court upheld the appeal and approved the development application because the parties reached agreement under s 34, the Commissioner was satisfied that the relevant jurisdictional prerequisites and planning controls had been addressed, and the agreed 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.

Court Disposition

Appeal upheld; Development Application No. DA0140/20 approved subject to conditions.

Orders

  • ['The Appeal is upheld.' 'Development Application No. DA0140/20 for the construction of a single storey residential dwelling with ancillary development comprising the installation of new wastewater and stormwater management systems on the land at 109 Hanckel Road, Oakville, being Lot 15 in DP 32307 is approved...