Martin v The Hills Shire Council [2020] NSWLEC 1304

Martin v The Hills Shire Council [2020] NSWLEC 1304

Because owner consent had been provided, contamination had been considered with no further investigation warranted, the driveway was permissible in the R2 Low Density Residential zone and did not breach relevant development standards, submissions had been considered, and no jurisdictional impediment was identified, the agreed decision was one the Court could make in the proper exercise of its functions; the Court therefore disposed of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
15 July 2020
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application 1236/2019/ZA approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'driveway and Drainage Works' 'consent Orders' 'land Contamination' 'zoning and Permissibility']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'driveway and Drainage Works' 'consent Orders' 'land Contamination' 'zoning and Permissibility']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the appeal against refusal of Development Application No. 1236/2019/ZA should be upheld by agreement between the parties.' 'Whether the agreed decision to grant development consent subject to conditions was a decision the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.']

Ratio Decidendi

Because owner consent had been provided, contamination had been considered with no further investigation warranted, the driveway was permissible in the R2 Low Density Residential zone and did not breach relevant development standards, submissions had been considered, and no jurisdictional impediment was identified, the agreed decision was one the Court could make in the proper exercise of its functions; the Court therefore disposed of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; Development Application 1236/2019/ZA approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application 1236/2019/ZA for partial demolition of an existing retaining wall, removal of two trees and construction of a reinforced concrete driveway and laying of pre-provisioning service utility conduits from 48 Green Road, Kellyville (Lot C DP 354263) to Carlisle Crescent...