Doyle v Hunters Hill Council [2020] NSWLEC 1551

Doyle v Hunters Hill Council [2020] NSWLEC 1551

The Court was satisfied that the requirements of relevant legislation and standards, including the Swimming Pools Act 1992, Swimming Pools Regulation 2018, and AS 1926.1—2007, were met by the agreed modification to the Development Control Order, and as all jurisdictional prerequisites were resolved, the appeal was upheld and the order modified in accordance with party agreement.

Jurisdiction
Australia
Judgment Date
11 November 2020
Procedural Posture
Appeal / Conciliation Conference and Modification of Order
Outcome
Appeal upheld, Development Control Order modified by agreement
Legal Topics
['development Control Orders' 'swimming Pool Safety' 'fencing' 'land Use']
['planning and Environment'] ['development Control Orders' 'swimming Pool Safety' 'fencing' 'land Use']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Conciliation Conference and Modification of Order

Legal Issues

  1. 1 ['Whether the Development Control Order No. 11 should be modified' 'Whether the fencing complies with relevant legislative requirements for swimming pool safety' 'Whether jurisdictional prerequisites are met for modifying the order']

Ratio Decidendi

The Court was satisfied that the requirements of relevant legislation and standards, including the Swimming Pools Act 1992, Swimming Pools Regulation 2018, and AS 1926.1—2007, were met by the agreed modification to the Development Control Order, and as all jurisdictional prerequisites were resolved, the appeal was upheld and the order modified in accordance with party agreement.

Court Disposition

Appeal upheld, Development Control Order modified by agreement

Orders

  • ['The appeal is upheld.' "The terms of Development Control Order No. 11 issued 28 January 2020 by Hunters Hill Council, pursuant to section 9.34 of the Environmental Planning and Assessment Act 1979 are modified as set out at Annexure 'A'. The previous terms of the Development Control Order No. 11 are not pursued."]