Blake v Hornsby Shire Council [2021] NSWLEC 1349

Blake v Hornsby Shire Council [2021] NSWLEC 1349

The Court upheld the appeal and granted development consent because the development application was properly made, all contentions had been resolved and reflected in proposed conditions, objectors had been adequately notified and their concerns addressed, the relevant jurisdictional prerequisites including s 4.15(1) of the Environmental Planning and Assessment Act 1979 were satisfied, and approval was in the public interest.

Jurisdiction
Australia
Judgment Date
15 June 2021
Procedural Posture
Class 1 Development Appeal Against Deemed Refusal of Development Application / Application for Final Orders by Consent
Outcome
By consent, the appeal was upheld and development consent was granted subject to conditions.
Legal Topics
['development Application' 'consent Orders' 'torrens Title Subdivision' 'demolition' 'stormwater and Flooding Impacts' 'biodiversity Impacts' 'objector Submissions' 'public Interest']
['planning and Environment Law' 'development Consent' 'land Subdivision'] ['development Application' 'consent Orders' 'torrens Title Subdivision' 'demolition' 'stormwater and Flooding Impacts' 'biodiversity Impacts' 'objector Submissions' 'public Interest']

Case Brief

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Procedural Posture

Class 1 Development Appeal Against Deemed Refusal of Development Application / Application for Final Orders by Consent

Legal Issues

  1. 1 ['Whether it was lawful and appropriate to grant consent to DA 123/2020 by consent orders.' 'Whether the relevant statutory provisions, including s 4.15(1) of the Environmental Planning and Assessment Act 1979, had been satisfied.' 'Whether objectors had been properly notified and their concerns properly taken into account.' 'Whether potential contamination, flooding, stormwater, tree loss and biodiversity impacts were adequately addressed by the proposal and conditions of consent.']

Ratio Decidendi

The Court upheld the appeal and granted development consent because the development application was properly made, all contentions had been resolved and reflected in proposed conditions, objectors had been adequately notified and their concerns addressed, the relevant jurisdictional prerequisites including s 4.15(1) of the Environmental Planning and Assessment Act 1979 were satisfied, and approval was in the public interest.

Court Disposition

By consent, the appeal was upheld and development consent was granted subject to conditions.

Orders

  • ['By consent, the appeal is upheld.' "The Applicant's development application DA 123/2020 for the demolition of an existing building and Torrens Title subdivision of two lots into five lots on land known as 18 Turner Rd and 67 Woodcourt Road, Berowra Heights, is determined by the grant of consent, subject to the...