Litsas v The Hills Shire Council [2023] NSWLEC 1351

Litsas v The Hills Shire Council [2023] NSWLEC 1351

The Court upheld the appeal and granted consent because the parties reached an agreement under s 34 of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the amended development application satisfied the identified jurisdictional preconditions, including permissibility in the R4 High Density Residential zone, applicable affordable rental housing requirements, contamination consideration, BASIX requirements, notification, and justification for the minor height contravention under cl 4.6 of The Hills Local Environmental Plan 2019.

Jurisdiction
Australia
Judgment Date
06 July 2023
Procedural Posture
Class 1 Appeal Concerning a Development Application / Orders Made Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's costs thrown away as a result of the amendment as agreed or assessed.
Legal Topics
['development Application' 'boarding House' 'height Development Standard' 'clause 4.6 Variation Request' 'conciliation Conference' 'development Consent Subject to Conditions']
['planning and Environment Law'] ['development Application' 'boarding House' 'height Development Standard' 'clause 4.6 Variation Request' 'conciliation Conference' 'development Consent Subject to Conditions']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning a Development Application / Orders Made Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Court could make orders granting development consent to the amended development application in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.' 'Whether jurisdictional preconditions for granting consent to the amended boarding house development were satisfied.' 'Whether consent could be granted notwithstanding contravention of the height development standard under The Hills Local Environmental Plan 2019.']

Ratio Decidendi

The Court upheld the appeal and granted consent because the parties reached an agreement under s 34 of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the amended development application satisfied the identified jurisdictional preconditions, including permissibility in the R4 High Density Residential zone, applicable affordable rental housing requirements, contamination consideration, BASIX requirements, notification, and justification for the minor height contravention under cl 4.6 of The Hills Local Environmental Plan 2019.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's costs thrown away as a result of the amendment as agreed or assessed.

Orders

  • ['The appeal is upheld.' "Development Application as amended for the demolition of existing structures, removal of trees, and construction of a five (5) storey boarding house containing 25 boarding rooms plus one (1) manager's room, with communal room and communal open space, over two (2) basement levels, with...