Withers v Tumut Shire Council [2005] NSWLEC 55

Withers v Tumut Shire Council [2005] NSWLEC 55

Because the parties reached agreement during the on-site hearing, with condition 8 remaining and condition 5 replaced by an agreed condition concerning the location of the security fence and protective cover, the appeal was upheld by consent.

Jurisdiction
Australia
Judgment Date
16 February 2005
Procedural Posture
Appeal Against Refusal of a S96 Application to Delete Condition 5 and Defer Condition 8 of Development Consent 2003/04 197 / On Site Hearing; Ex Tempore Judgment
Outcome
Appeal upheld by consent.
Legal Topics
['development Consent' 's96 Application' 'modification of Consent Conditions' 'security Fencing' 'on Site Hydrant']
['planning and Environment Law'] ['development Consent' 's96 Application' 'modification of Consent Conditions' 'security Fencing' 'on Site Hydrant']

Case Brief

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Procedural Posture

Appeal Against Refusal of a S96 Application to Delete Condition 5 and Defer Condition 8 of Development Consent 2003/04 197 / On Site Hearing; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether condition 5 of Development Consent 2003/04-197 should be deleted and replaced with an amended security fencing condition.' 'Whether condition 8 of Development Consent 2003/04-197 should be deferred.']

Ratio Decidendi

Because the parties reached agreement during the on-site hearing, with condition 8 remaining and condition 5 replaced by an agreed condition concerning the location of the security fence and protective cover, the appeal was upheld by consent.

Court Disposition

Appeal upheld by consent.

Orders

  • ['The appeal is upheld.' 'Condition 5 of Development Consent 2003/04-197 is deleted and the following condition is inserted in its place: "Adopting the Snowy Mountains Highway as the east-west axis, the security fence is to be located at a distance of 5m from the boundary to a point where that line intersects with...