Sheppard v Hunters Hill Council [2020] NSWLEC 1621

Sheppard v Hunters Hill Council [2020] NSWLEC 1621

All jurisdictional requirements for granting development consent are satisfied and merit issues have been resolved by amended plans; under s 34(3) Land and Environment Court Act 1979 the Court must dispose of proceedings in accordance with the parties' agreed decision.

Parties
Applicant: Samantha Sheppard; Respondent: Hunters Hill Council
Jurisdiction
Australia
Judgment Date
09 December 2020
Procedural Posture
Class 1 Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development application granted subject to conditions.
Legal Topics
Development Application, Conciliation Conference, Landscaping, Garage, Planning Instruments
Planning and Environment Development Application Conciliation Conference Landscaping Garage Planning Instruments

Case Brief

Summary, issues, holding and outcome

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Parties

Samantha Sheppard

Applicant

Hunters Hill Council

Respondent

Procedural Posture

Class 1 Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 whether development application for garage and landscaping should be approved
  2. 2 whether jurisdictional prerequisites for consent are satisfied

Ratio Decidendi

All jurisdictional requirements for granting development consent are satisfied and merit issues have been resolved by amended plans; under s 34(3) Land and Environment Court Act 1979 the Court must dispose of proceedings in accordance with the parties' agreed decision.

Court Disposition

Appeal upheld; development application granted subject to conditions.

Orders

  • Applicant granted leave to amend DA 2019/1089 to rely on specified amended plans.
  • Appeal is upheld.