Mackenzie Architects International Pty Ltd v Hornsby Shire Council [2023] NSWLEC 1450

Mackenzie Architects International Pty Ltd v Hornsby Shire Council [2023] NSWLEC 1450

Because the amended development application was made with owner consent, was permissible with consent in the R3 Medium Density Residential zone, satisfied relevant development standards and environmental planning controls, addressed public submissions and agency requirements through agreed conditions, and exhibited design excellence, the parties' agreed decision to uphold the appeal and grant consent was a decision the Court could make under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
11 August 2023
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da/214/2022 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Agreed Orders
Outcome
Appeal upheld; development consent granted to Development Application DA/214/2022 as amended, subject to conditions.
Legal Topics
['development Application' 'multi Dwelling Housing Development' 'class 1 Appeal' 'conciliation Conference' 'design Excellence' 'environmental Planning Instruments' 'conditions of Consent']
['planning and Environment Law' 'development Consent'] ['development Application' 'multi Dwelling Housing Development' 'class 1 Appeal' 'conciliation Conference' 'design Excellence' 'environmental Planning Instruments' 'conditions of Consent']

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 Refusal of Development Application Da/214/2022 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Agreed Orders

Legal Issues

  1. 1 ['Whether leave should be granted to amend Development Application DA/214/2022 and rely on amended plans and documents.' "Whether the parties' agreed decision was a decision 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 jurisdictional prerequisites to grant consent under s 4.16 of the Environmental Planning and Assessment Act 1979 were satisfied.' 'Whether the amended development application addressed public submissions and complied with relevant environmental planning instruments and development standards.']

Ratio Decidendi

Because the amended development application was made with owner consent, was permissible with consent in the R3 Medium Density Residential zone, satisfied relevant development standards and environmental planning controls, addressed public submissions and agency requirements through agreed conditions, and exhibited design excellence, the parties' agreed decision to uphold the appeal and grant consent was a decision the Court could make under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted to Development Application DA/214/2022 as amended, subject to conditions.

Orders

  • ['Leave is granted to the Applicant to amend Development Application DA/214/2022 and rely upon the amended plans and documents referred to in Condition 1 at Annexure A.' "Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a...