Pascoe v Byron Shire Council [2023] NSWLEC 1091

Pascoe v Byron Shire Council [2023] NSWLEC 1091

The Court was satisfied, pursuant to s 34(3) of the Land and Environment Court Act 1979 and s 8.18(4) of the Environmental Planning and Assessment Act 1979, that it had the power to make orders in accordance with the parties' agreement to modify the development control order by revoking the demolish works order and modifying the stop use order. The statutory requirements for both issuing and modifying such orders were met.

Parties
First Applicant: John Pascoe; Second Applicant: Gaynor Pascoe; Respondent: Byron Shire Council
Jurisdiction
Australia
Judgment Date
28 February 2023
Procedural Posture
Appeal (class 1) / Final Judgment Following Conciliation Conference
Outcome
Appeal upheld; orders made by agreement; costs in the cause.
Legal Topics
Development Control Orders, Appeal Against Orders, Stop Use Order, Demolish Works Order, Modification of Orders, Conciliation Conference
Environmental Law Planning Law Development Control Orders Appeal Against Orders Stop Use Order Demolish Works Order Modification of Orders Conciliation Conference

Case Brief

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Parties

John Pascoe

First Applicant

Gaynor Pascoe

Second Applicant

Byron Shire Council

Respondent

Procedural Posture

Appeal (class 1) / Final Judgment Following Conciliation Conference

Legal Issues

  1. 1 Whether the development control order for demolition and stop use was lawfully issued under the Environmental Planning and Assessment Act 1979
  2. 2 Whether the order should be modified or revoked on appeal
  3. 3 Whether an agreement reached at conciliation conference is within the power of the court to order

Ratio Decidendi

The Court was satisfied, pursuant to s 34(3) of the Land and Environment Court Act 1979 and s 8.18(4) of the Environmental Planning and Assessment Act 1979, that it had the power to make orders in accordance with the parties' agreement to modify the development control order by revoking the demolish works order and modifying the stop use order. The statutory requirements for both issuing and modifying such orders were met.

Court Disposition

Appeal upheld; orders made by agreement; costs in the cause.

Orders

  • The appeal is upheld.
  • Each party is to pay its own costs.