Jeffreson v Hunter’s Hill Council [2019] NSWLEC 1440

Jeffreson v Hunter’s Hill Council [2019] NSWLEC 1440

The parties reached a lawful agreement to grant leave for amended plans and to grant development consent, and the Court is satisfied all jurisdictional requirements are met; the appeal is upheld and consent granted subject to agreed conditions.

Jurisdiction
Australia
Judgment Date
18 September 2019
Procedural Posture
Development Application Appeal / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld. Development consent granted subject to conditions.
Legal Topics
['development Application' 'heritage Conservation' 'tree Removal' 'conciliation Conference' 'modification of Consent']
['planning and Environment Law'] ['development Application' 'heritage Conservation' 'tree Removal' 'conciliation Conference' 'modification of Consent']

Case Brief

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Procedural Posture

Development Application Appeal / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 ['Whether development consent should be granted for alterations and additions to a heritage item and for removal of trees.' 'Whether the proposed development impacts heritage significance of the site or conservation area.']

Ratio Decidendi

The parties reached a lawful agreement to grant leave for amended plans and to grant development consent, and the Court is satisfied all jurisdictional requirements are met; the appeal is upheld and consent granted subject to agreed conditions.

Court Disposition

Appeal upheld. Development consent granted subject to conditions.

Orders

  • ["Leave granted for Applicant to rely on amended plans and material listed in Annexure 'A'." 'Leave granted to Applicant to amend development application DA 2017/1172 and plans for removal of trees T26 and T27 at 20 Ferry Street, Hunters Hill.' 'Appeal upheld.' 'Development consent for DA 2017/1172 for alterations...