Bocce Pty Ltd v Woollahra Municipal Council [2013] NSWLEC 1151

Bocce Pty Ltd v Woollahra Municipal Council [2013] NSWLEC 1151

The Court was satisfied that, in light of the expedited related proceedings, the applicant's assurance about not relying on work done from 1 August 2013 in any adverse Class 4 proceedings, and the absence of further utility in maintaining the stop work Order, it was both lawful under s 121ZK(4)(a) of the Environmental Planning and Assessment Act 1979 and appropriate to make the consent final orders revoking the Order.

Jurisdiction
Australia
Judgment Date
09 August 2013
Procedural Posture
Class 1 Appeal Against an Order to Cease Work Under S 121 Zk(1) of the Environmental Planning and Assessment Act 1979 / Principal Judgment; Final Consent Orders
Outcome
By consent, the Order to cease work issued by the respondent on 15 May 2013 was revoked and each party was ordered to bear its own costs.
Legal Topics
['consent Orders' 'appeal Against Order' 'stop Work Order' 'development Contrary to Development Consent' 'revocation of Order']
['environmental Planning and Assessment' 'land and Environment Court Procedure'] ['consent Orders' 'appeal Against Order' 'stop Work Order' 'development Contrary to Development Consent' 'revocation of Order']

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Procedural Posture

Class 1 Appeal Against an Order to Cease Work Under S 121 Zk(1) of the Environmental Planning and Assessment Act 1979 / Principal Judgment; Final Consent Orders

Legal Issues

  1. 1 ["Whether it was lawful and appropriate to make consent final orders revoking the respondent Council's Order to cease work issued on 15 May 2013." 'Whether there was any further utility in maintaining the Order pending determination of related modification and building certificate appeals.']

Ratio Decidendi

The Court was satisfied that, in light of the expedited related proceedings, the applicant's assurance about not relying on work done from 1 August 2013 in any adverse Class 4 proceedings, and the absence of further utility in maintaining the stop work Order, it was both lawful under s 121ZK(4)(a) of the Environmental Planning and Assessment Act 1979 and appropriate to make the consent final orders revoking the Order.

Court Disposition

By consent, the Order to cease work issued by the respondent on 15 May 2013 was revoked and each party was ordered to bear its own costs.

Orders

  • ['The Order to cease work issued by the Respondent on 15 May 2013 and the subject of these proceedings is revoked pursuant to section 121ZK(4)(a) of the Act.' 'Each party to bear their own costs.']