Alliance Project Services Pty Ltd v Waverley Council [2023] NSWLEC 1290

Alliance Project Services Pty Ltd v Waverley Council [2023] NSWLEC 1290

The Court upheld the appeal and modified the development control order as agreed by the parties because it was a decision the Court could properly make within its powers under s 8.18(4)(b) of the EPA Act.

Jurisdiction
Australia
Judgment Date
09 June 2023
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development control order modified in accordance with agreement.
Legal Topics
['development Control Order' 'appeal' 'conciliation Conference' 'modification of Order']
['planning and Environment'] ['development Control Order' 'appeal' 'conciliation Conference' 'modification of Order']

Case Brief

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Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the development control order issued on 29 November 2022 ought to be modified pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979']

Ratio Decidendi

The Court upheld the appeal and modified the development control order as agreed by the parties because it was a decision the Court could properly make within its powers under s 8.18(4)(b) of the EPA Act.

Court Disposition

Appeal upheld; development control order modified in accordance with agreement.

Orders

  • ['The appeal is upheld.' 'The development control order NO-5136 issued on 29 November 2022 is modified in accordance with the development control order at Annexure A.' 'Each party shall pay its own costs.']