Shen v Hunters Hill Council [2021] NSWLEC 1334

Shen v Hunters Hill Council [2021] NSWLEC 1334

The Court approved the development application as amended, being satisfied that all relevant statutory requirements and planning controls were met, the changes addressed concerns raised, and there were no jurisdictional constraints to adopting the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
09 June 2021
Procedural Posture
Class 1 Appeal / Disposition Following Conciliation Conference and Agreement Between Parties
Outcome
Appeal upheld; development application approved as amended, subject to consent conditions; costs order made for amendment-related costs.
Legal Topics
['development Application' 'conciliation Conference' 'court Approved Agreement']
['planning and Environment'] ['development Application' 'conciliation Conference' 'court Approved Agreement']

Case Brief

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Procedural Posture

Class 1 Appeal / Disposition Following Conciliation Conference and Agreement Between Parties

Legal Issues

  1. 1 ['Whether development application for demolition and construction of dwelling with related works should be approved' 'Whether amended proposal addresses statutory and planning requirements' "Whether parties' agreement can be adopted as court's order"]

Ratio Decidendi

The Court approved the development application as amended, being satisfied that all relevant statutory requirements and planning controls were met, the changes addressed concerns raised, and there were no jurisdictional constraints to adopting the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development application approved as amended, subject to consent conditions; costs order made for amendment-related costs.

Orders

  • ['Applicant granted leave to amend its application to rely on specified plans, documents, certificates.' "Applicant to pay respondent's costs thrown away by the amendment, agreed at $2000 (excluding GST) within 28 days." 'The appeal is upheld.' 'Development Application DA2019/1101 approved for demolition and...