KNGS Properties Pty Ltd v Hornsby Shire Council [2023] NSWLEC 1648

KNGS Properties Pty Ltd v Hornsby Shire Council [2023] NSWLEC 1648

There is no jurisdictional bar to granting development consent as the parties' agreement satisfies all statutory requirements and the Court is obligated to make orders in accordance with the parties' decision under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: KNGS Properties Pty Ltd; Respondent: Hornsby Shire Council
Jurisdiction
Australia
Judgment Date
01 November 2023
Procedural Posture
Appeal / Determination Post Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; costs order made.
Legal Topics
Development Application Appeal, Conciliation Conference, Childcare Centre Construction, Heritage Considerations, Tree Removal
Environmental Planning and Development Administrative Law Development Application Appeal Conciliation Conference Childcare Centre Construction Heritage Considerations Tree Removal

Case Brief

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Parties

KNGS Properties Pty Ltd

Applicant

Hornsby Shire Council

Respondent

Procedural Posture

Appeal / Determination Post Conciliation Conference

Legal Issues

  1. 1 Whether jurisdictional prerequisites for consent are satisfied under relevant planning and environmental statutes and instruments
  2. 2 Whether amended development application addresses issues raised in objecting submissions

Ratio Decidendi

There is no jurisdictional bar to granting development consent as the parties' agreement satisfies all statutory requirements and the Court is obligated to make orders in accordance with the parties' decision under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs order made.

Orders

  • Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application in the agreed sum of $6,000.
  • The appeal is upheld.