Harris v Hornsby Shire Council [2016] NSWLEC 1401

Harris v Hornsby Shire Council [2016] NSWLEC 1401

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement; the appeal was upheld and the development application was approved subject to conditions.

Jurisdiction
Australia
Judgment Date
08 September 2016
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. DA 1165/2015 approved subject to conditions contained in Annexure "A".
Legal Topics
['development Application' 'subdivision' 'tree Retention' 'conciliation Conference' 'agreement Between the Parties' 'clause 4.6 Variation Exception to Development Standards (minimum Allotment Size)']
['environmental and Planning Law' 'land and Environment Court Procedure'] ['development Application' 'subdivision' 'tree Retention' 'conciliation Conference' 'agreement Between the Parties' 'clause 4.6 Variation Exception to Development Standards (minimum Allotment Size)']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application No. DA 1165/2015 for subdivision of one allotment into two lots and retention of the existing dwelling at 62 Dartford Road, Thornleigh should be approved subject to conditions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement; the appeal was upheld and the development application was approved subject to conditions.

Court Disposition

Appeal upheld; Development Application No. DA 1165/2015 approved subject to conditions contained in Annexure "A".

Orders

  • ['The Applicant is granted leave to rely upon the Clause 4.6 variation Exception to Development Standards (Minimum allotment size) prepared by Minto Planning Services dated 18 August 2016.' 'The appeal is upheld.' 'Development Application No. DA 1165/2015 which was lodged with the Respondent on 14 September 2015 for...