Hill View Property Development Pty Ltd v Wollondilly Shire Council [2018] NSWLEC 1684

Hill View Property Development Pty Ltd v Wollondilly Shire Council [2018] NSWLEC 1684

The Court upheld the appeal and granted consent to the amended development application because the parties’ agreed outcome satisfied legislative prerequisites, complied with relevant planning instruments (including WLEP 2011 clauses 6.1 and 4.1), and was a decision the Court could have properly made.

Jurisdiction
Australia
Judgment Date
20 December 2018
Procedural Posture
Appeal / Post Conciliation, Final Orders
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
['development Application' 'subdivision' 'land Remediation' 'vegetation Clearing' 'conciliation Conference' 'conditions of Consent']
['planning and Environment'] ['development Application' 'subdivision' 'land Remediation' 'vegetation Clearing' 'conciliation Conference' 'conditions of Consent']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Post Conciliation, Final Orders

Legal Issues

  1. 1 ['Whether development application DA010.2017.00000668.001 should be consented to, subject to conditions' 'Compliance with Wollondilly Local Environmental Plan 2011 clauses 6.1 and 4.1' 'Satisfaction of jurisdictional prerequisites under Environmental Planning and Assessment Act 1979']

Ratio Decidendi

The Court upheld the appeal and granted consent to the amended development application because the parties’ agreed outcome satisfied legislative prerequisites, complied with relevant planning instruments (including WLEP 2011 clauses 6.1 and 4.1), and was a decision the Court could have properly made.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • ["Applicant granted leave to amend DA010.2017.00000668.001 in accordance with plans and documents specified in Annexure 'A'" "Applicant to pay Respondent's costs thrown away due to amendments in the amount of $10,500.00" 'Appeal upheld' 'Development application DA010.2017.00000668.001 for a 78 lot Torrens Title...