Shad v Hunters Hill Council [2020] NSWLEC 1677

Shad v Hunters Hill Council [2020] NSWLEC 1677

Agreement between parties at conciliation conference satisfies statutory requirements; decision to grant development consent to amended application is one the Court could make and proper jurisdictional preconditions are met.

Jurisdiction
Australia
Judgment Date
24 December 2020
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld. Development consent granted subject to conditions.
Legal Topics
['development Application' 'dwelling House' 'conciliation Conference' 'agreement Reached']
['planning and Environment'] ['development Application' 'dwelling House' 'conciliation Conference' 'agreement Reached']

Case Brief

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Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether leave should be granted to amend the development application' 'Whether development consent should be granted for demolition and construction works at 15 Bonnefin Road, Hunters Hill']

Ratio Decidendi

Agreement between parties at conciliation conference satisfies statutory requirements; decision to grant development consent to amended application is one the Court could make and proper jurisdictional preconditions are met.

Court Disposition

Appeal upheld. Development consent granted subject to conditions.

Orders

  • ['Applicant granted leave to amend development application DA2019-1141 to rely on specified plans and documents.' 'Appeal is upheld.' "Development consent is granted for demolition of existing dwelling and construction of new dwelling and in ground pool, subject to conditions set out in Annexure 'A'."]