Proprietors of SP 16183 v North Sydney Council [2020] NSWLEC 1645

Proprietors of SP 16183 v North Sydney Council [2020] NSWLEC 1645

The parties reached agreement on orders modifying the Development Control Order, and the Commissioner was satisfied that the agreed decision was within the Court's jurisdiction and was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979 and s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979.

Jurisdiction
Australia
Judgment Date
15 December 2020
Procedural Posture
Class 1 Appeal Pursuant to Section 8.18 of the Environmental Planning and Assessment Act 1979 Against a Development Control Order – General Order / Orders Made Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
The appeal was upheld and Term 1 of the Development Control Order - General Order was modified; each party was ordered to pay its own costs.
Legal Topics
['development Control Order – General Order' 'class 1 Appeal' 'conciliation Conference' 'modification of Order' 'viewing Platform']
['planning and Environment Law'] ['development Control Order – General Order' 'class 1 Appeal' 'conciliation Conference' 'modification of Order' 'viewing Platform']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to Section 8.18 of the Environmental Planning and Assessment Act 1979 Against a Development Control Order – General Order / Orders Made Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Term 1 of the Development Control Order - General Order should be modified to require compliance by 31 March 2021.']

Ratio Decidendi

The parties reached agreement on orders modifying the Development Control Order, and the Commissioner was satisfied that the agreed decision was within the Court's jurisdiction and was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979 and s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979.

Court Disposition

The appeal was upheld and Term 1 of the Development Control Order - General Order was modified; each party was ordered to pay its own costs.

Orders

  • ['The appeal is upheld.' 'Term 1 of the Development Control Order - General Order issued to the Applicant by the Respondent on 16 June 2020 in relation to the premises at 85 Kurraba Road, Kurraba Point NSW 2089 is modified as follows: Term 1 of the Order must be complied with by 31 March 2021.' 'Each party is to pay...