Place Studio Au Pty Ltd v The Hills Shire Council [2023] NSWLEC 1458

Place Studio Au Pty Ltd v The Hills Shire Council [2023] NSWLEC 1458

Because the amended proposal was permissible with consent in the R4 High Density Residential zone, complied with applicable height and floor space ratio standards, satisfied the identified jurisdictional prerequisites, and the parties had reached an agreement at the s 34 conciliation conference for consent subject to conditions, the Court was satisfied that granting development consent to the amended application was a decision it could make in the proper exercise of its functions and was required to dispose of the proceedings in accordance with that decision.

Jurisdiction
Australia
Judgment Date
17 August 2023
Procedural Posture
Class 1 Appeal Concerning a Development Application Deemed Refused / Final Orders After S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'residential Flat Building' 'conciliation Conference' 'development Consent' 'amendment of Development Application' 'jurisdictional Prerequisites']
['planning and Environment Law'] ['development Application' 'residential Flat Building' 'conciliation Conference' 'development Consent' 'amendment of Development Application' 'jurisdictional Prerequisites']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning a Development Application Deemed Refused / Final Orders After S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the applicant should be granted leave to amend Development Application DA 672/2023/JP.' "Whether the Court could grant development consent to the amended development application in accordance with the parties' agreement reached at the conciliation conference." 'Whether the jurisdictional preconditions and relevant planning controls were satisfied for the proposed residential flat building development.']

Ratio Decidendi

Because the amended proposal was permissible with consent in the R4 High Density Residential zone, complied with applicable height and floor space ratio standards, satisfied the identified jurisdictional prerequisites, and the parties had reached an agreement at the s 34 conciliation conference for consent subject to conditions, the Court was satisfied that granting development consent to the amended application was a decision it could make in the proper exercise of its functions and was required to dispose of the proceedings in accordance with that decision.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The applicant is granted leave to amend Development Application DA 672/2023/JP and rely upon the Amended Plans and documents referred to in condition 1 of Annexure A.' "The applicant is to pay the respondent's costs thrown away as a result of the amendment pursuant to s 8.15(3) of the Environmental Planning and...