Combs R & Anor v Hornsby Shire Council [2007] NSWLEC 307

Combs R & Anor v Hornsby Shire Council [2007] NSWLEC 307

Because the parties agreed to amend Condition 1 so that the subdivision creating Lot 202 must be registered and documentary evidence forwarded to Council before issue of an occupation certificate, and the council was satisfied that this achieved the same result as the original deferred commencement condition, the Court endorsed the consent orders and upheld the appeal by consent.

Jurisdiction
Australia
Judgment Date
01 June 2007
Procedural Posture
Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against a Deferred Commencement Condition of Development Consent / Ex Tempore Judgment; Consent Orders
Outcome
Appeal upheld by consent; development application approved subject to conditions with Condition 1 amended.
Legal Topics
['development Application' 'development Consent Conditions' 'deferred Commencement Consent' 'subdivision Registration' 'residential Development']
['planning and Environment Law'] ['development Application' 'development Consent Conditions' 'deferred Commencement Consent' 'subdivision Registration' 'residential Development']

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Procedural Posture

Appeal Under S 97 of the Environmental Planning and Assessment Act 1979 Against a Deferred Commencement Condition of Development Consent / Ex Tempore Judgment; Consent Orders

Legal Issues

  1. 1 ['Whether deferred commencement Condition 1 of development consent No DA 424/06 requiring registration of the subdivision creating proposed Lot 202 should be imposed.' 'Whether an amended condition requiring registration of the subdivision before issue of an occupation certificate would satisfy the purpose of the original deferred commencement condition.']

Ratio Decidendi

Because the parties agreed to amend Condition 1 so that the subdivision creating Lot 202 must be registered and documentary evidence forwarded to Council before issue of an occupation certificate, and the council was satisfied that this achieved the same result as the original deferred commencement condition, the Court endorsed the consent orders and upheld the appeal by consent.

Court Disposition

Appeal upheld by consent; development application approved subject to conditions with Condition 1 amended.

Orders

  • ['The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld.' 'Development application No 424/06 lodged with the respondent council on 3 April 2006 to erect a part single-storey and part two-storey Federation style dwelling house and a freestanding tandem carport on proposed Lot 202 at...