Vernier v Hunter’s Hill Council [2024] NSWLEC 1439

Vernier v Hunter’s Hill Council [2024] NSWLEC 1439

The Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions: Mr Carlo Vernier could be removed because title showed Katrina Vernier was the sole property owner; the amended development application had owner consent, met or was acceptable under relevant statutory planning controls, and the cl 4.6 request justified variation of the landscaped area standard. The proceedings were therefore disposed of in accordance with the parties' agreement by upholding the appeal and granting consent subject to conditions.

Jurisdiction
Australia
Judgment Date
26 July 2024
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against the Actual Refusal of Development Application DA 2023/0020 / Conciliation Conference Under S 34 Aa(2)(a) of the Land and Environment Court Act 1979; Agreement Under S 34(3) and Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions; Mr Carlo Vernier removed as a party.
Legal Topics
['development Application for Alterations and Additions to a Dwelling House' 'construction of a Basement Level and Associated Earthworks' 'conciliation Conference' 'agreement Between the Parties' 'removal of a Party' 'development Consent Subject to Conditions' 'clause 4.6 Variation Request' 'landscaped Area Development Standard']
['planning and Environment Law' 'land and Environment Court Procedure'] ['development Application for Alterations and Additions to a Dwelling House' 'construction of a Basement Level and Associated Earthworks' 'conciliation Conference' 'agreement Between the Parties' 'removal of a Party' 'development Consent Subject to Conditions' 'clause 4.6 Variation Request' 'landscaped Area Development Standard']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against the Actual Refusal of Development Application DA 2023/0020 / Conciliation Conference Under S 34 Aa(2)(a) of the Land and Environment Court Act 1979; Agreement Under S 34(3) and Final Orders

Legal Issues

  1. 1 ['Whether Mr Carlo Vernier should be removed as a party to the proceedings under r 6.29 of the Uniform Civil Procedure Rules 2005.' 'Whether the agreed decision to grant development consent was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.' 'Whether the amended development application satisfied the relevant statutory planning controls, including the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2021, applicable State Environmental Planning Policies, and Hunters Hill Local Environmental Plan 2012.' 'Whether the written request under cl 4.6 of Hunters Hill Local Environmental Plan 2012 justified variation of the landscaped area development standard in cl 6.9.']

Ratio Decidendi

The Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions: Mr Carlo Vernier could be removed because title showed Katrina Vernier was the sole property owner; the amended development application had owner consent, met or was acceptable under relevant statutory planning controls, and the cl 4.6 request justified variation of the landscaped area standard. The proceedings were therefore disposed of in accordance with the parties' agreement by upholding the appeal and granting consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; Mr Carlo Vernier removed as a party.

Orders

  • ['Pursuant to r 6.29 of the Uniform Civil Procedure Rules 2005, Mr Carlo Vernier is removed as a party to the proceedings.' 'The appeal is upheld.' 'Development Application No DA 2023/0020 (as amended) for alterations and additions to the existing dwelling comprising of the construction of a basement level of 9...