Leith Group Developments Pty Ltd v The Hills Shire Council [2022] NSWLEC 1402

Leith Group Developments Pty Ltd v The Hills Shire Council [2022] NSWLEC 1402

As jurisdictional pre-requisites and planning controls have been satisfied, and parties have agreed terms, the Court must and does uphold the appeal, grant consent, and make orders for costs thrown away consistent with statutory requirements.

Jurisdiction
Australia
Judgment Date
28 July 2022
Procedural Posture
Appeal (class 1, Development Application) / Disposition After Conciliation Conference; Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions; costs thrown away ordered in favour of respondent
Legal Topics
['development Application' 'conciliation Conference' 'subdivision Consent' 'costs Thrown Away' 'jurisdictional Prerequisites']
['environmental Law' 'planning Law'] ['development Application' 'conciliation Conference' 'subdivision Consent' 'costs Thrown Away' 'jurisdictional Prerequisites']

Case Brief

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Procedural Posture

Appeal (class 1, Development Application) / Disposition After Conciliation Conference; Final Orders

Legal Issues

  1. 1 ['Whether jurisdictional prerequisites for granting development consent have been satisfied under the relevant planning instruments and legislation' 'Whether the amended development application meets applicable statutory requirements and planning controls' 'Assessment of environmental, planning and public interest factors under s 4.15 of the Environmental Planning and Assessment Act 1979']

Ratio Decidendi

As jurisdictional pre-requisites and planning controls have been satisfied, and parties have agreed terms, the Court must and does uphold the appeal, grant consent, and make orders for costs thrown away consistent with statutory requirements.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs thrown away ordered in favour of respondent

Orders

  • ["The applicant is to pay the respondent's costs 'thrown away' in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 as a result of the amendment of the application as now documented at Condition 1 to Schedule 1 in Annexure A, as agreed or assessed." 'The appeal is upheld.' "Development...