Aitchison v Sutherland Shire Council

Land and Environment Court New South Wales Medium Neutral Citation: Aitchison v Sutherland Shire Council [2016] NSWLEC 48 Hearing dates:21 April 2016Date of orders: 29 April 2016 Decision date: 02 May 2016 Jurisdiction:Class 1Before: Moore J Decision: At [17] Catchwords: INTERPRETATION – meaning of use of plural terms in s 34AA(1)(a)(i) of Land and Environment Court Act 1979 – plurals used to describe categories not to cover instances of multiple occurrences in any application to the Court of the term used in the provision Legislation Cited: Interpretation Act 1987 Land and Environment Court Act 1979 Uniform Civil Procedure Rules 2005 Category:Procedural and other rulingsParties: Andrew Aitchison (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: Ms L Finn, solicitor (Applicant) Ms J Amy, solicitor (Respondent)   Solicitors: Hones Lawyers (Applicant) Sutherland Shire Council (Respondent) File Number(s):10238 of 2016Publication restriction:NoJudgment HIS HONOUR: The Registrar has referred to me, pursuant to the Uniform Civil Procedure Rules 2005, a question of interpretation. This question arises in these proceedings as a consequence the fact that the development application requiring consideration as a result of this appeal is one that proposes the subdivision of an existing allotment into two allotments and the erection of dual occupancies on each of the proposed resulting allotments. The Registrar seeks guidance as to whether the provisions of s 34AA(1)(a) of the Land and Environment Court Act 1979 (the Court Act) mandates the referral of this matter to a conciliation conference process under that section in circumstances where the parties agree that they...