Zhang v Hunters Hill Council [2017] NSWLEC 1401

Zhang v Hunters Hill Council [2017] NSWLEC 1401

The proceedings were disposed of by agreement under s 34(3) of the Land and Environment Court Act 1979, with the appeal upheld and the development application approved subject to conditions, following an amended design acceptable to both parties.

Jurisdiction
Australia
Judgment Date
31 July 2017
Procedural Posture
Development Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld; development application approved subject to conditions; costs ordered as agreed.
Legal Topics
['development Appeal' 'demolition and Construction Approval' 'conciliation Conference' 'approval Subject to Conditions']
['planning and Environment Law'] ['development Appeal' 'demolition and Construction Approval' 'conciliation Conference' 'approval Subject to Conditions']

Case Brief

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Procedural Posture

Development Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Appeal against deemed refusal of development application for demolition and new dwelling construction' 'Whether the amended design and agreement between the parties may be approved']

Ratio Decidendi

The proceedings were disposed of by agreement under s 34(3) of the Land and Environment Court Act 1979, with the appeal upheld and the development application approved subject to conditions, following an amended design acceptable to both parties.

Court Disposition

Appeal upheld; development application approved subject to conditions; costs ordered as agreed.

Orders

  • ['Applicant granted leave to amend development application and rely upon specified plans.' 'Appeal upheld.' 'Development application for demolition and construction approved subject to conditions in Annexure A.' "Applicant to pay respondent's costs thrown away as agreed at $15,000 payable in 28 days."]