Doyle v Hunters Hill Council [2019] NSWLEC 1620

Doyle v Hunters Hill Council [2019] NSWLEC 1620

Both appeals were refused because the applicant did not provide sufficient, accurate and relevant information to allow the Court to be satisfied of the jurisdictional and merit requirements. For the BIC, extensive missing certifications and information about the quality, quantity and integrity of unauthorised works meant the Court could not be satisfied under ss 6.25 and 6.26 of the Environmental Planning and Assessment Act 1979, and the proposed orders would create uncertainty rather than justify issuing a certificate. For the DA, missing and inconsistent plans and absent detail about the pergola wall, driveway grades, earthworks, drainage, sewer design, stairs and landscaping meant the...

Jurisdiction
Australia
Judgment Date
17 December 2019
Procedural Posture
Class 1 Appeals Concerning a Development Application and a Building Information Certificate Application / Hearing After Conciliation Was Terminated; Appeals Against Refusal/deemed Refusal
Outcome
Both appeals dismissed; Building Information Certificate application no. 2018/10 refused; Development Application 2018/1002 refused.
Legal Topics
['unauthorised Building Works' 'insufficiency of Plans and Certification' 'stormwater Management and Drainage' 'earthworks' 'existing and Desired Future Character' 'visual Amenity' 'conditions of Consent']
['planning and Environment Law' 'development Applications' 'building Information Certificates'] ['unauthorised Building Works' 'insufficiency of Plans and Certification' 'stormwater Management and Drainage' 'earthworks' 'existing and Desired Future Character' 'visual Amenity' 'conditions of Consent']

Case Brief

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Procedural Posture

Class 1 Appeals Concerning a Development Application and a Building Information Certificate Application / Hearing After Conciliation Was Terminated; Appeals Against Refusal/deemed Refusal

Legal Issues

  1. 1 ['Whether the Court should direct issue of a Building Information Certificate for unauthorised works including a rear pergola, rear WC/laundry, front porch/verandah and front portico.' 'Whether development consent should be granted for demolition and reconstruction of an existing driveway, path and pergola wall and use of unauthorised works.' 'Whether insufficient and inaccurate plans, missing dimensions, missing drainage and sewer details, and absent certifications could be addressed by conditions or Court orders.' 'Whether the proposed development and unauthorised works were consistent with the existing and desired future character of Hunters Hill and had unacceptable visual amenity impacts.' 'Whether the Court could be satisfied of requirements concerning earthworks and stormwater management under the Hunters Hill Local Environmental Plan 2012.']

Ratio Decidendi

Both appeals were refused because the applicant did not provide sufficient, accurate and relevant information to allow the Court to be satisfied of the jurisdictional and merit requirements. For the BIC, extensive missing certifications and information about the quality, quantity and integrity of unauthorised works meant the Court could not be satisfied under ss 6.25 and 6.26 of the Environmental Planning and Assessment Act 1979, and the proposed orders would create uncertainty rather than justify issuing a certificate. For the DA, missing and inconsistent plans and absent detail about the pergola wall, driveway grades, earthworks, drainage, sewer design, stairs and landscaping meant the...

Court Disposition

Both appeals dismissed; Building Information Certificate application no. 2018/10 refused; Development Application 2018/1002 refused.

Orders

  • ['BIC Appeal 2019/78763: The appeal is dismissed.' 'BIC Appeal 2019/78763: Building Information Certificate application no. 2018/10 which seeks to regularise unauthorised works that include a rear pergola, rear WC/laundry, front porch/verandah, and front portico on Lot 16 DP 224608, also known as 3 Joly Parade...