Retast Pty Ltd v Bega Valley Shire Council [2024] NSWLEC 1196

Retast Pty Ltd v Bega Valley Shire Council [2024] NSWLEC 1196

As the parties reached an agreement acceptable to the Court and jurisdictional prerequisites under s 8.18 of the Environmental Planning and Assessment Act 1979 were satisfied, the appeal is upheld and the period for compliance in Development Control Order No 10 is modified to 28 days after the Court's order.

Parties
First Applicant: Retast Pty Ltd ACN 061 056 086; Second Applicant: Mottisfont Pty Ltd ACN 078 233 208; Respondent: Bega Valley Shire Council
Jurisdiction
Australia
Judgment Date
18 April 2024
Procedural Posture
Class 1 Appeal / Final Judgment Following Conciliation Conference
Outcome
Appeal upheld. Period for compliance in Development Control Order No 10 modified.
Legal Topics
Development Control Order, Modification of Compliance Period, Conciliation Conference, Appeal
Planning and Environment Development Control Order Modification of Compliance Period Conciliation Conference Appeal

Case Brief

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Parties

Retast Pty Ltd ACN 061 056 086

First Applicant

Mottisfont Pty Ltd ACN 078 233 208

Second Applicant

Bega Valley Shire Council

Respondent

Procedural Posture

Class 1 Appeal / Final Judgment Following Conciliation Conference

Legal Issues

  1. 1 Whether the Court should modify the period for compliance in Development Control Order No 10 pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979

Ratio Decidendi

As the parties reached an agreement acceptable to the Court and jurisdictional prerequisites under s 8.18 of the Environmental Planning and Assessment Act 1979 were satisfied, the appeal is upheld and the period for compliance in Development Control Order No 10 is modified to 28 days after the Court's order.

Court Disposition

Appeal upheld. Period for compliance in Development Control Order No 10 modified.

Orders

  • The appeal is upheld.
  • Pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, the period for compliance in Development Control Order No 10 is modified as follows: This Order must be complied with no later than 28 days after the date of the Court's order in Proceedings 2023/267001.