Sid Merhi v The Hills Shire Council [2017] NSWLEC 1191

Sid Merhi v The Hills Shire Council [2017] NSWLEC 1191

The matter was disposed of in accordance with the agreement reached by the parties under s 34(3) of the Land and Environment Court Act 1979, with no merit assessment by the Court.

Parties
Applicant: Sid Merhi; Respondent: The Hills Shire Council
Jurisdiction
Australia
Judgment Date
10 April 2017
Procedural Posture
Development Application Proceedings (class 1) / Conciliation Conference, Final Orders Following Agreement
Outcome
Orders made by consent, proceedings disposed under s34(3) Land and Environment Court Act 1979.
Legal Topics
Development Application, Conciliation Conference, Agreed Decision, Bond for Vegetation Management Plan, Tree Retention Requirements, Subdivision Certificate Conditions, Raingardens and Rainwater Tanks, Undergrounding of Overhead Services
Planning and Environment Development Application Conciliation Conference Agreed Decision Bond for Vegetation Management Plan Tree Retention Requirements Subdivision Certificate Conditions Raingardens and Rainwater Tanks +1 more

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Parties

Sid Merhi

Applicant

The Hills Shire Council

Respondent

Procedural Posture

Development Application Proceedings (class 1) / Conciliation Conference, Final Orders Following Agreement

Ratio Decidendi

The matter was disposed of in accordance with the agreement reached by the parties under s 34(3) of the Land and Environment Court Act 1979, with no merit assessment by the Court.

Court Disposition

Orders made by consent, proceedings disposed under s34(3) Land and Environment Court Act 1979.

Orders

  • The Respondent agrees to accept a bond from the Applicant in the amount of $59,411.00 for completion of the Vegetation Management Plan works over a five year period, with a reduction to $18,700.00 if year one works are carried out prior to release of a subdivision certificate.
  • The Respondent agrees to not press the retention of tree 1 (Eucalyptus saligna) or tree 3 (Eucalyptus saligna) described in Condition 18 of the Notice of Determination of a Development Application 238/2017/ZB.