Kingelty v Dubbo Regional Council [2021] NSWLEC 1107

Kingelty v Dubbo Regional Council [2021] NSWLEC 1107

The appeal is upheld and the development control order is modified in accordance with the parties' agreement reached at the conciliation conference, as the Court is satisfied this is within its powers under the EPA Act and LEC Act.

Parties
First Applicant: Lloyd Kingelty; Second Applicant: Susanna Kingelty; Respondent: Dubbo Regional Council
Jurisdiction
Australia
Judgment Date
01 March 2021
Procedural Posture
Appeal Against Development Control Order (class 1) / Post Conciliation and Final Orders
Outcome
Appeal upheld; development control order modified by consent.
Legal Topics
Development Control Orders, Stop Use Order, Modification of Orders, Land Use Compliance
Planning and Environment Development Control Orders Stop Use Order Modification of Orders Land Use Compliance

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Parties

Lloyd Kingelty

First Applicant

Susanna Kingelty

Second Applicant

Dubbo Regional Council

Respondent

Procedural Posture

Appeal Against Development Control Order (class 1) / Post Conciliation and Final Orders

Legal Issues

  1. 1 Whether the development control order was validly issued for prohibited residential accommodation use
  2. 2 Whether the order should be modified and in what terms

Ratio Decidendi

The appeal is upheld and the development control order is modified in accordance with the parties' agreement reached at the conciliation conference, as the Court is satisfied this is within its powers under the EPA Act and LEC Act.

Court Disposition

Appeal upheld; development control order modified by consent.

Orders

  • The appeal is upheld.
  • The terms of the original Development Control Order issued on 4 November 2020 are modified: (a) the use of the land as residential accommodation was stopped by 2 February 2021; (b) nine transportable buildings, a communal bathroom building, and kitchen building identified in attached photographs are to be removed by...