Wan v Hunters Hill Council [2022] NSWLEC 1426

Wan v Hunters Hill Council [2022] NSWLEC 1426

Because the amended proposal and agreed conditions satisfied the identified pre-jurisdictional requirements under the relevant environmental planning instruments, and the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the agreement and grant consent.

Jurisdiction
Australia
Judgment Date
10 August 2022
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Concerning Development Application No. Da2021/1266 / Orders Made Following Mandatory Conciliation Conference and S 34 Agreement
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'dwelling House Development' 'r2 Low Density Residential Zone' 'heritage Conservation Area' 'conciliation Conference' 's 34 Agreement' 'basix' 'coastal Hazards' 'acid Sulfate Soils' 'stormwater Management']
['planning and Environment' 'development Consent' 'heritage Conservation'] ['development Application' 'dwelling House Development' 'r2 Low Density Residential Zone' 'heritage Conservation Area' 'conciliation Conference' 's 34 Agreement' 'basix' 'coastal Hazards' 'acid Sulfate Soils' 'stormwater Management']

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Concerning Development Application No. Da2021/1266 / Orders Made Following Mandatory Conciliation Conference and S 34 Agreement

Legal Issues

  1. 1 ["Whether the parties' agreed decision 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 proposed dwelling house development satisfied relevant requirements of the Hunters Hill Local Environmental Plan 2012, including zoning, height, floor space ratio, landscaped area, heritage conservation, acid sulfate soils, earthworks, stormwater management and river frontage provisions.' 'Whether the proposed development was acceptable under the State Environmental Planning Policy (Biodiversity and Conservation) 2021, State Environmental Planning Policy (Resilience and Hazards) 2021 and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.']

Ratio Decidendi

Because the amended proposal and agreed conditions satisfied the identified pre-jurisdictional requirements under the relevant environmental planning instruments, and the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the agreement and grant consent.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to Development Application No. DA2021/1266, for the construction of a new dwelling comprising ground floor modifications to existing dwelling, first floor addition, new swimming pool, outbuilding, tree removal, drainage and landscaping works on land legally...