Pearson v Bega Valley Shire Council [2022] NSWLEC 1063
The Court upheld the appeal and substituted the Council's development control order with an amended order reflecting works agreed upon by the parties, consistent with statutory authority under s 8.18(4)(c) of the Environmental Planning and Assessment Act 1979.
- Parties
- First Applicant: Christopher Pearson; Second Applicant: Jennifer Confeggi; Respondent: Bega Valley Shire Council
- Jurisdiction
- Australia
- Judgment Date
- 08 February 2022
- Procedural Posture
- Appeal Against Development Control Order / Post Conciliation Conference; Final Orders
- Outcome
- Appeal upheld; original order revoked and substituted
- Legal Topics
- Development Control Orders, Drainage Works, Conciliation Conference
Case Brief
Summary, issues, holding and outcome
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Parties
Christopher Pearson
First Applicant
Jennifer Confeggi
Second Applicant
Bega Valley Shire Council
Respondent
Procedural Posture
Appeal Against Development Control Order / Post Conciliation Conference; Final Orders
Legal Issues
- 1 Whether the Council's development control order should be upheld, revoked, or substituted
- 2 Compliance and adequacy of drainage works and driveway crossover
Ratio Decidendi
The Court upheld the appeal and substituted the Council's development control order with an amended order reflecting works agreed upon by the parties, consistent with statutory authority under s 8.18(4)(c) of the Environmental Planning and Assessment Act 1979.
Court Disposition
Appeal upheld; original order revoked and substituted
Orders
- The appeal is upheld.
- Court amends the Order, requiring berm adjustment and installation of energy dissipater within 90 days.
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