Nettle v Leichhardt Council [2006] NSWLEC 751

Nettle v Leichhardt Council [2006] NSWLEC 751

Because the council did not press the proposed tree preservation bond condition or the civil liability indemnity paragraph, and the remaining drainage-related conditions and proposed instrument were for proper planning purposes, the Court was satisfied that the agreed modified conditions were appropriate and made consent orders upholding the appeal and granting consent to the modification application.

Jurisdiction
Australia
Judgment Date
17 November 2006
Procedural Posture
Appeal Pursuant to S 96 of the Environmental Planning and Assessment Act 1979 Concerning Modification Application 2005/212 to Modify Development Consent 2000/1008 / Ex Tempore Judgment on Proposed Consent Orders
Outcome
Appeal upheld; Modification Application 2005/212 determined by granting consent subject to modified conditions.
Legal Topics
['modification of Development Consent' 'consent Orders' 'conditions of Consent' 'tree Preservation Bond' 'stormwater Drainage and Civil Liability Indemnity']
['planning and Environment' 'development Consent'] ['modification of Development Consent' 'consent Orders' 'conditions of Consent' 'tree Preservation Bond' 'stormwater Drainage and Civil Liability Indemnity']

Case Brief

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Procedural Posture

Appeal Pursuant to S 96 of the Environmental Planning and Assessment Act 1979 Concerning Modification Application 2005/212 to Modify Development Consent 2000/1008 / Ex Tempore Judgment on Proposed Consent Orders

Legal Issues

  1. 1 ['Whether Modification Application 2005/212 should be determined by granting consent subject to modified conditions.' 'Whether a tree preservation bond condition should be imposed consistently with s 80A(6) of the Environmental Planning and Assessment Act 1979 and the Newbury tests.' 'Whether a condition requiring an element of an instrument under s 88E of the Conveyancing Act 1919 importing a civil liability indemnity was for a planning purpose.']

Ratio Decidendi

Because the council did not press the proposed tree preservation bond condition or the civil liability indemnity paragraph, and the remaining drainage-related conditions and proposed instrument were for proper planning purposes, the Court was satisfied that the agreed modified conditions were appropriate and made consent orders upholding the appeal and granting consent to the modification application.

Court Disposition

Appeal upheld; Modification Application 2005/212 determined by granting consent subject to modified conditions.

Orders

  • ['The appeal is upheld.' 'Modification Application 2005/212 is determined by the granting of consent subject to the modifications to the conditions which will be incorporated in the consolidated conditions of consent which will form annexure A to the orders of the Court.' 'The exhibits, other than exhibits 1A and B,...