Ip v Hunters Hill Council [2010] NSWLEC 1372

Ip v Hunters Hill Council [2010] NSWLEC 1372

The remaining disputes were resolved through revised plans and agreed conditions; the amendments were ameliorative and the parties agreed the costs payable under s 97B(2), so it was appropriate to make consent orders upholding the appeal and granting development consent.

Jurisdiction
Australia
Judgment Date
22 December 2010
Procedural Posture
Development Application Appeal / Ex Tempore Judgment on Consent Orders
Outcome
Appeal upheld by consent and development consent granted.
Legal Topics
['development Application' 'consent Orders' 'development Consent' 'costs Under S 97 B(2)']
['environmental Planning and Development Law'] ['development Application' 'consent Orders' 'development Consent' 'costs Under S 97 B(2)']

Case Brief

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Procedural Posture

Development Application Appeal / Ex Tempore Judgment on Consent Orders

Legal Issues

  1. 1 ['Whether consent orders should be made upholding the appeal and granting development consent to the proposed two storey duplex development at 18 Aston Street, Hunters Hill based on revised plans.' 'Whether costs required pursuant to s 97B(2) of the Environmental Planning and Assessment Act 1979 should be dealt with in the agreed sum of one dollar.']

Ratio Decidendi

The remaining disputes were resolved through revised plans and agreed conditions; the amendments were ameliorative and the parties agreed the costs payable under s 97B(2), so it was appropriate to make consent orders upholding the appeal and granting development consent.

Court Disposition

Appeal upheld by consent and development consent granted.

Orders

  • ['Subject to transmission of the agreed conditions of consent to the Court electronically, orders will be made upholding the appeal by consent.' 'Development consent granted to the proposed two storey duplex development at 18 Aston Street, Hunters Hill.' 'Costs required to be awarded pursuant to s 97B(2) of the...