Tricon Services Group Pty Limited v Manly Council (No 4) [2012] NSWLEC 238

Land and Environment Court New South Wales

Medium Neutral Citation: Tricon Services Group Pty Limited v Manly Council (No 4) [2012] NSWLEC 238 Hearing dates: 17 October 2012 Decision date: 24 October 2012 Jurisdiction: Class 1 Before: Lloyd AJ Decision: 1. The appeal is dismissed. 2. The judgment and orders of the commissioner made on 1 June 2012 are confirmed. 3. The appellant must pay the respondent's costs. Catchwords: APPEAL - s 56A of the Land and Environment Court Act 1979 - question of law - development application - interpretation and application of height controls - whether commissioner failed to apply a development control plan - whether commissioner adopted erroneous construction of development control plan - whether commissioner failed to conduct a rehearing on remitter - appeal dismissed Legislation Cited: Development Control Plan For The Business Zone 1989 (Amendment 7) Environmental Planning and Assessment Act 1979 s 4, s 79C Manly Development Control Plan for the Residential Zone 2007 - Amendment 2 Land and Environment Court Act 1979 s 56A Cases Cited: Baulkham Hills Shire Council v Basemount Pty Ltd [2003] NSWCA 189; 128 LGERA 339 Tricon Services Group Pty Limited v Manly Council [2011] NSWLEC 1271 Tricon Services Group Pty Limited v Manly Council (No 2) [2011] NSWLEC 253 Tricon Services Group Pty Limited v Manly Council (No 3) [2012] NSWLEC 1145 Winten Property Group Ltd v North Sydney Council [2001] NSWLEC 46, (2001) 130 LGERA 79 Zhang v Canterbury City Council [2001] NSWCA 167, 51 NSWLR 589, 115 LGERA 373 Category: Principal judgment Parties: Tricon Services Group Pty Limited (appellant) Manly Council (respondent) Representation: T F Robertson SC and J L Doyle (appellant) C W McEwen SC and M A Staunton (respondent) Hunter Lawyers (appellant) HWL Ebsworth Lawyers (respondent) File Number(s): 10621 of 2012