Huang v Ku-ring-gai Council [2019] NSWLEC 1186

Huang v Ku-ring-gai Council [2019] NSWLEC 1186

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions and that the jurisdictional pre-requisite to consent had been met, the Court was required to dispose of the proceedings in accordance with the parties' decision by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
26 April 2019
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application No. 0124/18 / Orders Made Following Mandatory Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979 and Agreement Under S 34(3)
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application Appeal' 'deemed Refusal' 'conciliation Conference' 'consent Orders' 'alterations and Additions to Dwelling' 'heritage Conservation Area']
['planning and Environment' 'development Consent' 'heritage Conservation'] ['development Application Appeal' 'deemed Refusal' 'conciliation Conference' 'consent Orders' 'alterations and Additions to Dwelling' 'heritage Conservation Area']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application No. 0124/18 / Orders Made Following Mandatory Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979 and Agreement Under S 34(3)

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether leave should be granted for the applicants to rely on amended plans and materials.' 'Whether development consent should be granted to Development Application DA0124/18 subject to conditions.' 'Whether the jurisdictional pre-requisite to the grant of consent was met concerning impact on the Love Estate Thorne Grant Heritage Conservation Area under cl 5.10 of the Ku-ring-gai Local Environment Plan 2015.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions and that the jurisdictional pre-requisite to consent had been met, the Court was required to dispose of the proceedings in accordance with the parties' decision by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['Leave is granted for the Applicant to rely on the following amended plans and materials: Architectural Plans 01 – 06 Rev 8 prepared by Paul Meyer Design Pty Ltd dated 10 April 2019; and Landscape Plans L-01H and L-02H prepared by Site Design + Studios dated 11 April 2019.' 'The appeal is upheld.' "Development...