Blackwell v Shoalhaven City Council [2023] NSWLEC 1476

Blackwell v Shoalhaven City Council [2023] NSWLEC 1476

Because s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979 empowers the Court on an appeal to modify a development control order, the parties' agreed decision to modify the stop use order was one the Court could make in the proper exercise of its functions. Section 34(3) of the Land and Environment Court Act 1979 therefore required the Commissioner to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
23 August 2023
Procedural Posture
Class 1 Appeal Against a Development Control Order / Orders Following Conciliation Conference and Agreement Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development control order dated 1 February 2023 modified; no order as to costs.
Legal Topics
['development Control Order' 'stop Use Order' 'conciliation Conference' 'modification of Order' 'jurisdiction to Make Agreed Orders']
['environmental Planning and Assessment' 'land and Environment Court Procedure'] ['development Control Order' 'stop Use Order' 'conciliation Conference' 'modification of Order' 'jurisdiction to Make Agreed Orders']

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Procedural Posture

Class 1 Appeal Against a Development Control Order / Orders Following Conciliation Conference and Agreement Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreed modification of the development control order was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the Court had power on the appeal to modify the stop use order under s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

Because s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979 empowers the Court on an appeal to modify a development control order, the parties' agreed decision to modify the stop use order was one the Court could make in the proper exercise of its functions. Section 34(3) of the Land and Environment Court Act 1979 therefore required the Commissioner to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development control order dated 1 February 2023 modified; no order as to costs.

Orders

  • ['The appeal is upheld.' 'The Order dated 1 February 2023 is modified in accordance with the Order at Annexure A.' 'No order as to costs.']