Fahd v Hunters Hill Council [2022] NSWLEC 1247

Fahd v Hunters Hill Council [2022] NSWLEC 1247

Having regard to the amended plans, agreed conditions of consent, compliance with all relevant statutory requirements, and the parties' agreement filed under s 34, the Court is satisfied and orders the grant of development consent, upholding the appeal.

Parties
Applicant: Helen Fahd; Respondent: Hunters Hill Council
Jurisdiction
Australia
Judgment Date
17 May 2022
Procedural Posture
Class 1 (environmental Planning and Development) Appeal / Final Judgment Following Conciliation and Agreement Between Parties
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
Development Application for Residential Dwelling, Appeal Against Deemed Refusal, Conciliation Conference and S 34 Agreement, Heritage Listing, Landscaped Area Compliance
Environmental Law Planning Law Development Control Local Government Development Application for Residential Dwelling Appeal Against Deemed Refusal Conciliation Conference and S 34 Agreement Heritage Listing +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Helen Fahd

Applicant

Hunters Hill Council

Respondent

Procedural Posture

Class 1 (environmental Planning and Development) Appeal / Final Judgment Following Conciliation and Agreement Between Parties

Legal Issues

  1. 1 Whether development consent should be granted for demolition of existing dwelling and swimming pool and construction of new dwelling and swimming pool at 27 Dick Street Henley
  2. 2 Whether all relevant planning controls and statutory requirements have been satisfied
  3. 3 Whether amended plans address the disputed issues between parties

Ratio Decidendi

Having regard to the amended plans, agreed conditions of consent, compliance with all relevant statutory requirements, and the parties' agreement filed under s 34, the Court is satisfied and orders the grant of development consent, upholding the appeal.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • The appeal is upheld.
  • Development consent is granted to Development Application DA/2021/1157 for demolition of the existing dwelling and swimming pool and construction of a new single dwelling and swimming pool at 27 Dick St Henley, subject to the conditions of consent in Annexure A.