Mackenzie Architects International Pty Ltd v Hornsby Shire Council [2024] NSWLEC 1253

Mackenzie Architects International Pty Ltd v Hornsby Shire Council [2024] NSWLEC 1253

The parties reached agreement to uphold the appeal and grant development consent subject to conditions. The Commissioner was satisfied that the relevant jurisdictional prerequisites, including owner consent, permissibility, height, flood planning, earthworks, design excellence, tree removal, BASIX and contamination considerations, had been addressed, so the agreed decision was one the Court could have made in the proper exercise of its functions and the proceedings had to be disposed of in accordance with that decision.

Jurisdiction
Australia
Judgment Date
21 May 2024
Procedural Posture
Class 1 Appeal From Deemed Refusal of Development Application Da/158/2023 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application DA/158/2023 approved subject to conditions contained in Annexure "A".
Legal Topics
['development Application' 'multi Dwelling Housing' 'deemed Refusal Appeal' 'conciliation Conference' 'development Consent' 'flood Prone Land' 'earthworks' 'design Excellence' 'tree Removal' 'land Contamination']
['environmental and Planning Law' 'land and Environment Court Proceedings'] ['development Application' 'multi Dwelling Housing' 'deemed Refusal Appeal' 'conciliation Conference' 'development Consent' 'flood Prone Land' 'earthworks' 'design Excellence' 'tree Removal' 'land Contamination']

Case Brief

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Procedural Posture

Class 1 Appeal From Deemed Refusal of Development Application Da/158/2023 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement as to the terms of decision was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the jurisdictional prerequisites for granting development consent to the amended development application were satisfied.']

Ratio Decidendi

The parties reached agreement to uphold the appeal and grant development consent subject to conditions. The Commissioner was satisfied that the relevant jurisdictional prerequisites, including owner consent, permissibility, height, flood planning, earthworks, design excellence, tree removal, BASIX and contamination considerations, had been addressed, so the agreed decision was one the Court could have made in the proper exercise of its functions and the proceedings had to be disposed of in accordance with that decision.

Court Disposition

Appeal upheld; Development Application DA/158/2023 approved subject to conditions contained in Annexure "A".

Orders

  • ['The appeal is upheld.' 'Development Application DA/158/2023 for the demolition of the existing dwelling and associated structures and the construction of a multi-dwelling housing development comprising of twenty (20) three and four bedroom townhouses with basement parking and associated landscape works on land at...