Cramp v Mid-Coast Council [2021] NSWLEC 1753

Cramp v Mid-Coast Council [2021] NSWLEC 1753

The parties' agreed decision was one the Court could have made in the proper exercise of its functions because the proposed conditions required the Applicants to seek development consent for new works, obtain a Building Information Certificate for existing works, surrender the existing CDC, and have the bushfire risk assessed by the NSW Rural Fire Service in accordance with Planning for Bushfire Protection 2019. Accordingly, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
14 December 2021
Procedural Posture
Class 1 Appeal Against a Development Control Order Being a Stop Work Order / Directions Following Conciliation Conference and Agreement Between the Parties Under S 34 of the Land and Environment Court Act 1979
Outcome
Directions made in accordance with the parties' agreement; final orders to revoke the Stop Work Order to be made upon evidence of development consent, issue of the Building Information Certificate, and surrender of the CDC.
Legal Topics
['stop Work Order' 'complying Development Certificate' 'asset Protection Zone' 'building Information Certificate' 'conciliation Conference' 'bushfire Attack Level']
['planning and Environment' 'development Control' 'bushfire Planning'] ['stop Work Order' 'complying Development Certificate' 'asset Protection Zone' 'building Information Certificate' 'conciliation Conference' 'bushfire Attack Level']

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Procedural Posture

Class 1 Appeal Against a Development Control Order Being a Stop Work Order / Directions Following Conciliation Conference and Agreement Between the Parties Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreed decision under s 34(3) of the Land and Environment Court Act 1979." 'Whether the Court had power to revoke the Development Control Order subject to specified conditions being met.' 'Whether revocation of the Stop Work Order should be contingent on lodgement and determination of a development application, issue of a Building Information Certificate, and surrender of the existing CDC.']

Ratio Decidendi

The parties' agreed decision was one the Court could have made in the proper exercise of its functions because the proposed conditions required the Applicants to seek development consent for new works, obtain a Building Information Certificate for existing works, surrender the existing CDC, and have the bushfire risk assessed by the NSW Rural Fire Service in accordance with Planning for Bushfire Protection 2019. Accordingly, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Court Disposition

Directions made in accordance with the parties' agreement; final orders to revoke the Stop Work Order to be made upon evidence of development consent, issue of the Building Information Certificate, and surrender of the CDC.

Orders

  • ['The Applicants are to lodge a development application with the Respondent in relation to the Site and appoint the Respondent as the principal certifying authority on or around 26 November 2021 or as soon as possible thereafter, accompanied by a statement of environmental effects, a bush fire assessment report, and...