NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Andre & anor v Northern Beaches Council [2016] NSWLEC 1478 Hearing dates: 4-5 August 2016; 31 August 2016 Date of orders: 14 October 2016 Decision date: 12 September 2016 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld – subject to conditions Catchwords: DEVELOPMENT APPLICATION: Dog obedience and agility training school; keeping of dogs on site; condition of consent for subdivision and restriction on user against the keeping of domestic animals; protection of fauna; trial period imposed Legislation Cited: Environmental Planning and Assessment Act 1979 Conveyancing Act 1919 Land and Environment Court Act 1979 Warringah Local Environmental Plan 2011 Cases Cited: BGP Properties Pty Ltd v Lake Macquarie Council [2004] NSWLEC 399 Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75 Project Venture Pty Limited v Warringah Shire Council & Anor [2006] NSWLEC 754 Zhang v Canterbury City Council (2001) 115 LGERA 373 Category: Principal judgment Parties: Mark Andre (First Applicant) Kirsten Andre (Second Applicant) Northern Beaches Council (Respondent) Representation: Counsel: Applicant: Mr P Tomasetti SC Respondent: Mr R Lancaster SC
Solicitors: Applicant: Pikes & Verekers Lawyers Respondent: Wilshire Webb Staunton Beattie Lawyers File Number(s): 158138 of 2016
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