Frigo v Hunter’s Hill Council [2022] NSWLEC 1141

Frigo v Hunter’s Hill Council [2022] NSWLEC 1141

Because the Commissioner was satisfied that the relevant pre-jurisdictional requirements and environmental planning controls had been met, including heritage, height, floor space ratio, landscaped area, acid sulfate soils, earthworks, stormwater and BASIX matters, the parties' agreement was a decision the Court...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 March 2022
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application 2021/1191 / Mandatory Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979; Parties Reached Agreement and Sought Orders Under S 34
Outcome
Appeal upheld; Development Application 2021/1191 approved subject to conditions of consent in Annexure A.
Legal Topics
['deemed Refusal Appeal' 'conciliation Conference' 'development Application Amendment' 'heritage Conservation Area' 'bulk and Scale' 'basix' 'acid Sulfate Soils' 'earthworks and Stormwater Management']
['planning and Environment' 'development Consent' 'heritage Conservation'] ['deemed Refusal Appeal' 'conciliation Conference' 'development Application Amendment' 'heritage Conservation Area' 'bulk and Scale' 'basix' 'acid Sulfate Soils' 'earthworks and Stormwater Management']

Source-derived case record

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application 2021/1191 / Mandatory Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979; Parties Reached Agreement and Sought Orders Under S 34

Legal Issues

  1. 1 ["Whether the parties' agreed decision 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 the amended development application satisfied relevant environmental planning requirements, including heritage conservation, building height, floor space ratio, landscaped area, acid sulfate soils, earthworks, stormwater management and BASIX requirements.' 'Whether development consent should be granted for demolition, site preparation, excavation, construction of a new dwelling, swimming pool, drainage and associated works at 31 Woolwich Road, Hunters Hill.']

Ratio Decidendi

Because the Commissioner was satisfied that the relevant pre-jurisdictional requirements and environmental planning controls had been met, including heritage, height, floor space ratio, landscaped area, acid sulfate soils, earthworks, stormwater and BASIX matters, the parties' agreement was a decision the Court could have made in the proper exercise of its functions. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' decision and approve the development application subject to conditions.

Court Disposition

Appeal upheld; Development Application 2021/1191 approved subject to conditions of consent in Annexure A.

Orders

  • ['The Court notes that the Respondent, as the relevant consent authority, agrees under cl 55(1) of the Environmental Planning and Assessment Regulation 2000 (NSW) to the Applicant amending development application No 2021/1191, filed with the Court on 19 November 2021 by including and substituting the amended plans...