Staveley v City of Parramatta Council [2024] NSWLEC 1282

Staveley v City of Parramatta Council [2024] NSWLEC 1282

The Court was satisfied that, under s 8.18(4)(b) of the EPA Act, it had power to modify the Development Control Order in accordance with the parties’ agreement reached during conciliation, and that the modification addressed the respondent's concerns about the unauthorised works and fell within the proper scope of the relevant statutory powers.

Jurisdiction
Australia
Judgment Date
29 May 2024
Procedural Posture
Class 1 Development Appeal / Final Orders Following Conciliation Agreement
Outcome
Appeal upheld. Development Control Order modified by consent.
Legal Topics
['development Control Orders' 'modification of Orders' 'class 1 Appeals' 'conciliation Agreements']
['planning Law' 'environmental Law'] ['development Control Orders' 'modification of Orders' 'class 1 Appeals' 'conciliation Agreements']

Case Brief

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Procedural Posture

Class 1 Development Appeal / Final Orders Following Conciliation Agreement

Legal Issues

  1. 1 ['Whether the Development Control Order dated 6 April 2023 should be modified pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979' 'Whether the Modified Order falls within the scope of Items 3, 5 and 10 of Pt 1 of Sch 5 of the EPA Act' "Whether the Court should make orders by consent in accordance with the parties' agreement"]

Ratio Decidendi

The Court was satisfied that, under s 8.18(4)(b) of the EPA Act, it had power to modify the Development Control Order in accordance with the parties’ agreement reached during conciliation, and that the modification addressed the respondent's concerns about the unauthorised works and fell within the proper scope of the relevant statutory powers.

Court Disposition

Appeal upheld. Development Control Order modified by consent.

Orders

  • ['The appeal is upheld.' 'Pursuant to section 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, the Development Control Order dated 6 April 2023, file reference JESI:PF 2023/55/2, is modified in accordance with the Development Control Order at Annexure A.' 'Each party is to pay its own costs.']