MSMG Developments Pty Ltd v Hunters Hill Council [2018] NSWLEC 1498

MSMG Developments Pty Ltd v Hunters Hill Council [2018] NSWLEC 1498

An agreement was reached between the parties 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 proceedings were therefore disposed of in accordance with the agreed decision, with the appeal upheld and the development application approved subject to conditions.

Jurisdiction
Australia
Judgment Date
26 September 2018
Procedural Posture
Class 1 Development Application Appeal / Final Orders After Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application number DA20171096 approved subject to conditions in Annexure 'A'.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'clause 4.6 Request' 'height of Building Development Standard' 'development Consent Orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'clause 4.6 Request' 'height of Building Development Standard' 'development Consent Orders']

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Procedural Posture

Class 1 Development Application Appeal / Final Orders After 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 number DA20171096 for the erection of a new dwelling at 14A Barons Crescent, Hunters Hill should be approved subject to conditions.']

Ratio Decidendi

An agreement was reached between the parties 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 proceedings were therefore disposed of in accordance with the agreed decision, with the appeal upheld and the development application approved subject to conditions.

Court Disposition

Appeal upheld; development application number DA20171096 approved subject to conditions in Annexure 'A'.

Orders

  • ["The applicant is granted leave to rely on the plans listed under Part 1, Condition 2 in Annexure 'A'." 'The clause 4.6 request prepared by Joe Vescio dated September 2018 in relation to height of building development standard is upheld.' 'Appeal upheld; and' "Development application number DA20171096 for the...