Wheatley v The Hills Shire Council [2024] NSWLEC 1656

Wheatley v The Hills Shire Council [2024] NSWLEC 1656

The Court was satisfied that the proposal’s non-compliance with minimum lot size and lot yield development standards was minor, that the objectives of the standards were met, that environmental and planning requirements had been addressed, and that the parties' agreement was proper for adoption. Accordingly, the requirements for grant of consent under the Environmental Planning and Assessment Act 1979, The Hills Local Environmental Plan 2019, and other relevant instruments were satisfied and consent was granted as per the parties' agreement.

Parties
Applicant: James John Wheatley; Respondent: The Hills Shire Council
Jurisdiction
Australia
Judgment Date
22 October 2024
Procedural Posture
Appeal (class 1 Land and Environment Court) / Final Orders Following Conciliation Agreement
Outcome
Appeal upheld. Development consent granted as per parties' agreement. Applicant to pay costs thrown away as a result of amendment, as agreed or assessed.
Legal Topics
Development Application, Rural Residential Subdivision, Conciliation Conference, Minimum Lot Size, Variation Under Cl 4.6, Rural Cluster Subdivision
Planning and Environment Development Application Rural Residential Subdivision Conciliation Conference Minimum Lot Size Variation Under Cl 4.6 Rural Cluster Subdivision

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Parties

James John Wheatley

Applicant

The Hills Shire Council

Respondent

Procedural Posture

Appeal (class 1 Land and Environment Court) / Final Orders Following Conciliation Agreement

Legal Issues

  1. 1 Whether the variation to subdivision controls under cl 4.6 of The Hills Local Environmental Plan 2019 should be granted
  2. 2 Whether the development application meets the jurisdictional prerequisites for approval
  3. 3 Whether the proposal adequately addresses management of landscape, biodiversity and rural setting

Ratio Decidendi

The Court was satisfied that the proposal’s non-compliance with minimum lot size and lot yield development standards was minor, that the objectives of the standards were met, that environmental and planning requirements had been addressed, and that the parties' agreement was proper for adoption. Accordingly, the requirements for grant of consent under the Environmental Planning and Assessment Act 1979, The Hills Local Environmental Plan 2019, and other relevant instruments were satisfied and consent was granted as per the parties' agreement.

Court Disposition

Appeal upheld. Development consent granted as per parties' agreement. Applicant to pay costs thrown away as a result of amendment, as agreed or assessed.

Orders

  • The appeal is upheld.
  • The cl 4.6 request for variation to the subdivision controls in cl 4.1AA(3A) of The Hills Local Environmental Plan 2019, prepared by Cohesive Planning dated September 2023, is upheld.