Geo DPPB Pty Ltd v Burwood Council [2023] NSWLEC 129

Geo DPPB Pty Ltd v Burwood Council [2023] NSWLEC 129

The applicant has an arguable case and the Court may grant a partial stay of the DCO to permit emergency works for heritage and site safety. However, the balance of convenience does not favour broader stay allowing progress of the building project. Only agreed emergency works preserving the front veranda and garage roof are permitted under the stay.

Parties
Applicant: Geo DPPB Pty Ltd; Respondent: Burwood Council
Jurisdiction
Australia
Judgment Date
23 November 2023
Procedural Posture
Class 1 Appeal Against Development Control Order / Stay Application Ruling
Outcome
Partial stay of Development Control Order granted for emergency works; each party to pay its own costs.
Legal Topics
Development Control Orders, Stay of Orders, Heritage Conservation, Building Works, Modification of Consent
Planning and Environment Law Development Control Orders Stay of Orders Heritage Conservation Building Works Modification of Consent

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Parties

Geo DPPB Pty Ltd

Applicant

Burwood Council

Respondent

Procedural Posture

Class 1 Appeal Against Development Control Order / Stay Application Ruling

Legal Issues

  1. 1 Whether applicant has an arguable case to justify a partial stay of development control order
  2. 2 Whether balance of convenience and competing rights warrant granting a partial stay
  3. 3 Validity and scope of development control order issued under s 9.35(1)(b) Environmental Planning and Assessment Act 1979

Ratio Decidendi

The applicant has an arguable case and the Court may grant a partial stay of the DCO to permit emergency works for heritage and site safety. However, the balance of convenience does not favour broader stay allowing progress of the building project. Only agreed emergency works preserving the front veranda and garage roof are permitted under the stay.

Court Disposition

Partial stay of Development Control Order granted for emergency works; each party to pay its own costs.

Orders

  • The respondent's Development Control Order (Stop Works Order – Schedule 5 Part 1, Item 2) issued to the Applicant on 3 October 2023 in respect of 1 Lea Street, Croydon is stayed insofar as it concerns: (1) timber cross bracing the façade of the front veranda and erecting a tarpaulin to ensure its preservation; (2)...
  • Each party is to pay its own costs.