Vigor Master Pty Ltd v Hornsby Shire Council [2024] NSWLEC 1128

Vigor Master Pty Ltd v Hornsby Shire Council [2024] NSWLEC 1128

Because the parties reached a s 34 agreement, the relevant jurisdictional prerequisites were satisfied, the amended development application could be approved having regard to s 4.15(1)(b)-(e) of the Environmental Planning and Assessment Act 1979, and approval was in the public interest, the agreed decision was one the Court could have made in the proper exercise of its functions and the Court was required to dispose of the proceedings in accordance with it.

Jurisdiction
Australia
Judgment Date
20 March 2024
Procedural Posture
Class 1 Development Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da/346/2023 / Section 34 Conciliation Agreement Following Conciliation Conference; Final Orders
Outcome
Appeal upheld; development consent granted to development application No. DA/346/2023 as amended, subject to conditions.
Legal Topics
['development Appeal' 'conciliation Conference' 'section 34 Agreement' 'jurisdictional Prerequisites for Development Consent' 'dwelling House and Driveway' 'heritage' 'bushfire' 'biodiversity' 'stormwater' "owner's Consent"]
['planning and Environment' 'development Consent' 'land and Environment Court Procedure'] ['development Appeal' 'conciliation Conference' 'section 34 Agreement' 'jurisdictional Prerequisites for Development Consent' 'dwelling House and Driveway' 'heritage' 'bushfire' 'biodiversity' 'stormwater' "owner's Consent"]

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Development Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da/346/2023 / Section 34 Conciliation Agreement Following Conciliation Conference; Final Orders

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one 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 jurisdictional prerequisites for granting development consent under s 4.16 of the Environmental Planning and Assessment Act 1979 were satisfied.' 'Whether consent could be granted for the amended development application, including a dwelling house, associated driveway and suspended driveway over an unformed portion of New Line Road.']

Ratio Decidendi

Because the parties reached a s 34 agreement, the relevant jurisdictional prerequisites were satisfied, the amended development application could be approved having regard to s 4.15(1)(b)-(e) of the Environmental Planning and Assessment Act 1979, and approval was in the public interest, the agreed decision was one the Court could have made in the proper exercise of its functions and the Court was required to dispose of the proceedings in accordance with it.

Court Disposition

Appeal upheld; development consent granted to development application No. DA/346/2023 as amended, subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to development application No. DA/346/2023 as amended, for the erection of a dwelling house with associated driveway on the land at 19 Lockyer Close, Dural 2158 legally known as Lot 5916 in Deposited Plan 1062410 and a suspended driveway with supporting...