Xie v North Sydney Council [2020] NSWLEC 1149

Xie v North Sydney Council [2020] NSWLEC 1149

The appeal is upheld and the development control order modified in accordance with agreement reached at conciliation conference, as the Court was satisfied it could properly exercise its functions to make such orders under the relevant statutory provisions.

Parties
Applicant: Peter Ping Xie; Respondent: North Sydney Council
Jurisdiction
Australia
Judgment Date
26 March 2020
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development control order modified; each party to pay own costs.
Legal Topics
Development Control Order, Stop Works Order, Conciliation Conference, Modification of Orders
Planning and Environment Development Control Order Stop Works Order Conciliation Conference Modification of Orders

Case Brief

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Parties

Peter Ping Xie

Applicant

North Sydney Council

Respondent

Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the Stop Work Order issued by North Sydney Council should be upheld or modified
  2. 2 The scope of permitted works under the development consent at 17 Milson Road, Cremorne Point

Ratio Decidendi

The appeal is upheld and the development control order modified in accordance with agreement reached at conciliation conference, as the Court was satisfied it could properly exercise its functions to make such orders under the relevant statutory provisions.

Court Disposition

Appeal upheld; development control order modified; each party to pay own costs.

Orders

  • The appeal is upheld.
  • The Respondent's Stop Work Order dated 4 December 2019 is modified in accordance with section 8.18(4)(b) of the Environmental Planning and Assessment Act 1979. The order, as modified, is set out in the order annexed and marked 'A'.