Johnson Property Group v Hawkesbury City Council [2019] NSWLEC 1587

Johnson Property Group v Hawkesbury City Council [2019] NSWLEC 1587

The Court was satisfied that there were no jurisdictional impediments to the parties' agreement, that DA 0474/18 satisfied the requirements of ss 4.14 and 4.15(1) of the Environmental Planning and Assessment Act 1979, and that the agreed decision was one the Court could have made in the proper exercise of its functions; accordingly, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with the parties' decision.

Jurisdiction
Australia
Judgment Date
03 December 2019
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application DA 0474/18 Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Conciliation Conference Under S 34 Aa(2)(a) of the Land and Environment Court Act 1979; Parties Reached Agreement and the Court Made Orders
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'dwelling House' 'bushfire Risk' 'ecological Conservation' 'koala Habitat' 'remediation of Land' 'basix' 'heritage Conservation Area' 'flood Planning' 'conciliation Conference']
['planning and Environment' 'development Consent'] ['development Application' 'dwelling House' 'bushfire Risk' 'ecological Conservation' 'koala Habitat' 'remediation of Land' 'basix' 'heritage Conservation Area' 'flood Planning' 'conciliation Conference']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application DA 0474/18 Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Conciliation Conference Under S 34 Aa(2)(a) of the Land and Environment Court Act 1979; Parties Reached Agreement and the Court Made Orders

Legal Issues

  1. 1 ["Whether the parties' agreement to uphold the appeal and grant development consent with conditions was a decision the Court could have made in the proper exercise of its functions." 'Whether the proposed development satisfied ss 4.14 and 4.15(1) of the Environmental Planning and Assessment Act 1979.' 'Whether relevant requirements of SEPP 55, SEPP 44, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Hawkesbury Local Environmental Plan 2012 and Hawkesbury Development Control Plan 2002 were satisfied.']

Ratio Decidendi

The Court was satisfied that there were no jurisdictional impediments to the parties' agreement, that DA 0474/18 satisfied the requirements of ss 4.14 and 4.15(1) of the Environmental Planning and Assessment Act 1979, and that the agreed decision was one the Court could have made in the proper exercise of its functions; accordingly, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with the parties' decision.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The Applicant is granted leave to rely on the amended plans and documentation listed in order 18.1.' 'The appeal is upheld.' 'Development Application No. DA0474/18 for the construction of a dwelling house with attached garage, swimming pool and fencing on the land at 43 Bootles Lane, Pitt Town is approved subject...