Devlin v Hunters Hill Council [2024] NSWLEC 1610

Devlin v Hunters Hill Council [2024] NSWLEC 1610

The parties reached a lawful agreement under s 34 of the Land and Environment Court Act 1979 for development consent after the applicant addressed council's and objectors' concerns by amending the application; the Court is satisfied all relevant statutory preconditions are met and no jurisdictional impediment exists. Accordingly, development consent is granted subject to agreed conditions.

Parties
Applicant: Keiron Devlin; Respondent: Hunters Hill Council
Jurisdiction
Australia
Judgment Date
26 September 2024
Procedural Posture
Appeal (class 1 Development Application) / Final Orders After S 34 Conciliation
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
Development Application, Demolition, Heritage Conservation, Stormwater Management, Environmental Planning Policies, Landscaping and Tree Removal
Planning and Environment Development Application Demolition Heritage Conservation Stormwater Management Environmental Planning Policies Landscaping and Tree Removal

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Parties

Keiron Devlin

Applicant

Hunters Hill Council

Respondent

Procedural Posture

Appeal (class 1 Development Application) / Final Orders After S 34 Conciliation

Legal Issues

  1. 1 Whether the amended development application resolves the council's contentions and objections regarding demolition, tree removal, design, heritage, stormwater management, landscaping, amenity and privacy impacts
  2. 2 Whether consent should be granted subject to conditions agreed under s 34 of the Land and Environment Court Act 1979

Ratio Decidendi

The parties reached a lawful agreement under s 34 of the Land and Environment Court Act 1979 for development consent after the applicant addressed council's and objectors' concerns by amending the application; the Court is satisfied all relevant statutory preconditions are met and no jurisdictional impediment exists. Accordingly, development consent is granted subject to agreed conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • The appeal is upheld.
  • Development Application DA/2023/0036 for demolition, removal of two trees and construction of a 2-storey dwelling house with double garage, swimming pool and landscaping at 8B North Parade, Hunters Hill is determined by a grant of consent subject to conditions in Annexure 'A'.