Kakakios v Hunters Hill Council [2023] NSWLEC 1775

Kakakios v Hunters Hill Council [2023] NSWLEC 1775

All jurisdictional preconditions for granting consent are satisfied, the parties agree to orders that the Court could properly make, so the Court is required to uphold the appeal and determine the amended development application by the grant of consent subject to agreed conditions.

Jurisdiction
Australia
Judgment Date
20 December 2023
Procedural Posture
Development Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; consent granted subject to conditions; costs ordered
Legal Topics
['development Application' 'centre Based Child Care Facility' 'consent Orders' 'jurisdictional Preconditions' 'costs']
['planning and Environment'] ['development Application' 'centre Based Child Care Facility' 'consent Orders' 'jurisdictional Preconditions' 'costs']

Case Brief

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Procedural Posture

Development Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether jurisdictional preconditions are satisfied for the Court to grant consent to the development application as amended' 'Compliance of the proposed development with relevant planning instruments and controls' 'Whether the Court should uphold the appeal and grant consent subject to conditions']

Ratio Decidendi

All jurisdictional preconditions for granting consent are satisfied, the parties agree to orders that the Court could properly make, so the Court is required to uphold the appeal and determine the amended development application by the grant of consent subject to agreed conditions.

Court Disposition

Appeal upheld; consent granted subject to conditions; costs ordered

Orders

  • ["Applicants to pay respondent's costs thrown away as a result of amending the Development Application in the sum of $20,000, within 28 days" 'The appeal is upheld' 'Development Application No. DA20220203, as amended, for the construction of a centre-based child care facility with a capacity of 39 children,...