Khodeir v Hornsby Shire Council [2005] NSWLEC 448

Khodeir v Hornsby Shire Council [2005] NSWLEC 448

Since the parties agreed to modify the deferred commencement condition and objectors were unaffected, the Court approved the consent orders and ordered the applicant to pay the council's costs as there was no genuine dispute.

Jurisdiction
Australia
Judgment Date
24 August 2005
Procedural Posture
Appeal / Consent Orders
Outcome
Appeal upheld by consent; development consent condition amended; costs order made.
Legal Topics
['development Consents' 'deferred Commencement Condition' 'drainage Easement' 'costs']
['planning Law'] ['development Consents' 'deferred Commencement Condition' 'drainage Easement' 'costs']

Case Brief

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Procedural Posture

Appeal / Consent Orders

Legal Issues

  1. 1 ['Should time for compliance with a deferred commencement condition regarding drainage easements under a development consent be extended?' "Should the applicant pay the council's costs when the appeal did not arise out of a genuine dispute?"]

Ratio Decidendi

Since the parties agreed to modify the deferred commencement condition and objectors were unaffected, the Court approved the consent orders and ordered the applicant to pay the council's costs as there was no genuine dispute.

Court Disposition

Appeal upheld by consent; development consent condition amended; costs order made.

Orders

  • ['The appeal is upheld.' 'Development consent No 1671/02 issued by Hornsby Shire Council on 5 May 2004 is amended by modifying Deferred Commencement Condition 1.1 to require information by 24 August 2006.' "The applicant shall pay the council's costs in these proceedings in the agreed sum of $5,000 within six weeks...