Stephen Pridham v HORNSBY SHIRE COUNCIL [2016] NSWLEC 1541

Stephen Pridham v HORNSBY SHIRE COUNCIL [2016] NSWLEC 1541

The Court, being satisfied that the agreement reached by the parties is one it could have made, must make orders accordingly without undertaking a merit assessment.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 November 2016
Procedural Posture
Appeal / Post Conciliation Conference Orders
Outcome
Appeal upheld; consent orders by agreement
Legal Topics
['appeal Under S97(1)(a) Environmental Planning and Assessment Act 1979' 'conciliation Conference' 'consent Orders']
['planning Law' 'environmental Law'] ['appeal Under S97(1)(a) Environmental Planning and Assessment Act 1979' 'conciliation Conference' 'consent Orders']

Source-derived case record

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Procedural Posture

Appeal / Post Conciliation Conference Orders

Legal Issues

  1. 1 ['Whether the development application should be approved' 'Whether agreement reached in conciliation under s34 Land and Environment Court Act 1979 should be made an order']

Ratio Decidendi

The Court, being satisfied that the agreement reached by the parties is one it could have made, must make orders accordingly without undertaking a merit assessment.

Court Disposition

Appeal upheld; consent orders by agreement

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to rely upon the plans set out in operational Condition 1 in Annexure A.' "Development Consent is granted to Development Application No. DA/1279/2015 for alterations to an existing heritage listed dwelling, adaptive reuse as a place of worship and caretaker's...