Padovan v Hunters Hill Council [2019] NSWLEC 1185

Padovan v Hunters Hill Council [2019] NSWLEC 1185

Because both parties agreed to terms following the conciliation, and the Court was satisfied that the proposed consent was consistent with the planning controls and matters required by law, the appeal was upheld and consent granted per s 34(3) of the Land and Environment Court Act 1979.

Parties
First Applicant: Soya Padovan; Second Applicant: Michael Padovan; Respondent: Hunters Hill Council
Jurisdiction
Australia
Judgment Date
23 April 2019
Procedural Posture
Development Application Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld and development consent granted subject to conditions.
Legal Topics
Development Application, Conciliation Conference, Agreement Between Parties
Planning and Environment Development Application Conciliation Conference Agreement Between Parties

Case Brief

Summary, issues, holding and outcome

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Parties

Soya Padovan

First Applicant

Michael Padovan

Second Applicant

Hunters Hill Council

Respondent

Procedural Posture

Development Application Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 Whether to grant development consent for demolition and construction of a new dwelling at 26 Joubert Street, Hunters Hill after refusal by the Council

Ratio Decidendi

Because both parties agreed to terms following the conciliation, and the Court was satisfied that the proposed consent was consistent with the planning controls and matters required by law, the appeal was upheld and consent granted per s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld and development consent granted subject to conditions.

Orders

  • Leave is granted for the Applicant to rely on the amended plans and material listed in paragraph 1 of the conditions set out in Annexure A.
  • The Appeal is upheld.