Issa v Hunters Hill Council [2024] NSWLEC 1717

Issa v Hunters Hill Council [2024] NSWLEC 1717

The appeal is upheld and development consent is granted, as the amended application satisfies all relevant jurisdictional, planning, and environmental requirements; the agreement reached by the parties is one the Court could have made pursuant to s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Samuel Issa; Respondent: Hunters Hill Council
Jurisdiction
Australia
Judgment Date
07 November 2024
Procedural Posture
Appeal (class 1) / Conciliation Conference; Orders Following Agreement
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Application, Conciliation Conference, Land Use Consent, Residential Dwelling Construction, Local Environmental Planning
Planning and Environment Law Development Application Conciliation Conference Land Use Consent Residential Dwelling Construction Local Environmental Planning

Case Brief

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Parties

Samuel Issa

Applicant

Hunters Hill Council

Respondent

Procedural Posture

Appeal (class 1) / Conciliation Conference; Orders Following Agreement

Legal Issues

  1. 1 Whether amended development application complies with relevant planning and environmental standards
  2. 2 Appropriateness of granting development consent subject to conditions
  3. 3 Satisfaction of jurisdictional prerequisites under relevant statutes and planning instruments

Ratio Decidendi

The appeal is upheld and development consent is granted, as the amended application satisfies all relevant jurisdictional, planning, and environmental requirements; the agreement reached by the parties is one the Court could have made pursuant to s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • The appeal is upheld.
  • Development Application No. DA2023/0078, as amended, for demolition of existing structures, tree removal and construction of a dwelling house with an in-ground swimming pool, associated earthworks and landscaping at 43 Wybalena Road, Hunters Hill, Lot 1 DP 375698, is determined by a grant of consent subject to...