Hubbard v Hornsby Shire Council [2022] NSWLEC 1345

Hubbard v Hornsby Shire Council [2022] NSWLEC 1345

Because the amended development application, expert evidence and agreed conditions satisfied the relevant statutory and planning requirements, including s 4.15 of the Environmental Planning and Assessment Act 1979, and there were no jurisdictional impediments, the parties' agreed decision to uphold the appeal and grant consent was a decision the Court could have made; s 34(3) therefore required the Court to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
04 July 2022
Procedural Posture
Class 1 Appeal Against Refusal of Development Application Da/1203/2021 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Parties Reached Agreement and Orders Made
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application Appeal' 'site Remediation' 'conciliation Conference' 'agreement Between the Parties' 'jurisdictional Prerequisites for Development Consent']
['planning and Environment' 'development Consent' 'land Contamination and Remediation'] ['development Application Appeal' 'site Remediation' 'conciliation Conference' 'agreement Between the Parties' 'jurisdictional Prerequisites for Development Consent']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application Da/1203/2021 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Parties Reached Agreement and Orders Made

Legal Issues

  1. 1 ["Whether the parties' agreement to uphold the appeal and grant consent to DA/1203/2021 was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the jurisdictional requirements for granting development consent to the proposed remediation works were satisfied.' 'Whether consent should be granted to DA/1203/2021 subject to conditions.']

Ratio Decidendi

Because the amended development application, expert evidence and agreed conditions satisfied the relevant statutory and planning requirements, including s 4.15 of the Environmental Planning and Assessment Act 1979, and there were no jurisdictional impediments, the parties' agreed decision to uphold the appeal and grant consent was a decision the Court could have made; s 34(3) therefore required the Court to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The Appeal is upheld.' 'Development Application DA/1203/2021 for the remediation of land legally described as Lot 1 DP 513823, known as 31-33 Calabash Road, Arcadia, is determined by the grant of consent, and subject to conditions set out in Annexure A.']