Deemay Enterprises Pty Limited v Port Stephens Council [2020] NSWLEC 1613

Deemay Enterprises Pty Limited v Port Stephens Council [2020] NSWLEC 1613

It was appropriate to uphold the appeal and modify the development control order to require the removal of the six dwellings in the APZ by 31 March 2021, in accordance with the agreement between the parties and in the public interest to ensure unauthorised structures were removed in a timely manner.

Jurisdiction
Australia
Judgment Date
08 December 2020
Procedural Posture
Appeal / Final Orders
Outcome
Appeal upheld; development control order modified
Legal Topics
['development Control Orders' 'modification of Development Orders' 'unauthorised Structures' 'asset Protection Zones (apz)']
['planning and Environment'] ['development Control Orders' 'modification of Development Orders' 'unauthorised Structures' 'asset Protection Zones (apz)']

Case Brief

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Procedural Posture

Appeal / Final Orders

Legal Issues

  1. 1 ['Whether the development control order issued by the Council should be modified under s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979' 'Whether the removal of unauthorised dwellings situated in the asset protection zone (APZ) is appropriate under the circumstances']

Ratio Decidendi

It was appropriate to uphold the appeal and modify the development control order to require the removal of the six dwellings in the APZ by 31 March 2021, in accordance with the agreement between the parties and in the public interest to ensure unauthorised structures were removed in a timely manner.

Court Disposition

Appeal upheld; development control order modified

Orders

  • ['The appeal is upheld.' 'The Order dated 26 August 2019 is modified pursuant to s 8.18(4)(b) to require the removal of the six dwellings numbered 75 to 80 situated in the APZ and adjacent to the southern boundary of Lot 175 DP 753204, 530 Gan Gan Road One Mile by 31 March 2021.']