Cramp v Mid-Coast Council (No. 2) [2022] NSWLEC 1096

Cramp v Mid-Coast Council (No. 2) [2022] NSWLEC 1096

As the applicants had complied with all directions and made the required applications, and the respondent had acknowledged compliance and agreed to the revocation, the statutory preconditions for revoking the Stop Work Order under s 8.18(4) of the EPA Act were satisfied.

Jurisdiction
Australia
Judgment Date
25 February 2022
Procedural Posture
Appeal / Judgment on Appeal Following Compliance With Prior Orders
Outcome
Appeal upheld; Stop Work Order revoked
Legal Topics
['development Control Order' 'stop Work Order' 'development Application' 'building Information Certificate' 'surrender of Cdc' 'agreement Between Parties']
['planning and Environment Law'] ['development Control Order' 'stop Work Order' 'development Application' 'building Information Certificate' 'surrender of Cdc' 'agreement Between Parties']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal Following Compliance With Prior Orders

Legal Issues

  1. 1 ['Whether the Development Control Order – Stop Work Order issued by the Council should be revoked in light of subsequent compliance and agreement between the parties']

Ratio Decidendi

As the applicants had complied with all directions and made the required applications, and the respondent had acknowledged compliance and agreed to the revocation, the statutory preconditions for revoking the Stop Work Order under s 8.18(4) of the EPA Act were satisfied.

Court Disposition

Appeal upheld; Stop Work Order revoked

Orders

  • ['The appeal is upheld.' 'The Development Control Order – Stop Work Order – Order No. 2 pursuant to Part 1 of Schedule 5 of the Environmental Planning and Assessment Act 1979 (NSW), given to the Applicant by the Respondent on 5 August 2021 Reference no. EN2021/0557 is revoked.']