Don Pesic trading as Precision Motorworks v Sutherland Shire Council [2018] NSWLEC 1491
The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, the Commissioner was satisfied the decision was within the Court's powers, and thus ordered the appeal upheld and the development application approved subject to agreed conditions.
- Parties
- Applicant: Don Pesic trading as Precision Motorworks; Respondent: Sutherland Shire Council
- Jurisdiction
- Australia
- Judgment Date
- 19 September 2018
- Procedural Posture
- Class 1 Appeal / Final Orders Following Conciliation Conference
- Outcome
- Appeal upheld
- Legal Topics
- Development Application, Appeal, Conciliation Conference, Agreement Between Parties
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Don Pesic trading as Precision Motorworks
Applicant
Sutherland Shire Council
Respondent
Procedural Posture
Class 1 Appeal / Final Orders Following Conciliation Conference
Legal Issues
- 1 Whether the application for a vehicle repair station and motor showroom should be approved
Ratio Decidendi
The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, the Commissioner was satisfied the decision was within the Court's powers, and thus ordered the appeal upheld and the development application approved subject to agreed conditions.
Court Disposition
Appeal upheld
Orders
- The Appeal is upheld.
- Development Application No. 17/0565 to use Shop 15, 16-24 Waratah Street, Kirrawee for the repairing and servicing of vehicles and as a motor showroom is approved subject to the conditions set out in Annexure 'A' to this agreement.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment