Antony & Wendy Tisch v North Sydney Council [2018] NSWLEC 1044

Antony & Wendy Tisch v North Sydney Council [2018] NSWLEC 1044

An agreement was reached under s34(3) of the Land and Environment Court Act 1979 as to the terms of a decision acceptable to the parties, and the Commissioner was satisfied that the Court could have made the decision in the proper exercise of its functions; therefore, the proceedings were disposed of by making orders in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
07 February 2018
Procedural Posture
Class 1 Appeal / Post Conciliation Conference; Decision and Orders
Outcome
Appeal upheld; development application approved subject to conditions in Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'court Act S34(3)']
['planning and Environment'] ['development Application' 'conciliation Conference' 'court Act S34(3)']

Case Brief

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Procedural Posture

Class 1 Appeal / Post Conciliation Conference; Decision and Orders

Legal Issues

  1. 1 ['Whether the development application should be approved in accordance with agreement under s34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

An agreement was reached under s34(3) of the Land and Environment Court Act 1979 as to the terms of a decision acceptable to the parties, and the Commissioner was satisfied that the Court could have made the decision in the proper exercise of its functions; therefore, the proceedings were disposed of by making orders in accordance with that agreement.

Court Disposition

Appeal upheld; development application approved subject to conditions in Annexure A.

Orders

  • ['The applicant be granted leave to rely on amended plans: Drawing numbered 15J dated January 2018 by David Liddy & Associates Pty Ltd received 29 January 2018; Drawing numbered 20 dated January 2018 by Australian Plantscapes received 29 January 2018.' 'The appeal is upheld.' 'Development Application No 252/09/8 for...