Grind Espresso Industrial Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1155

Grind Espresso Industrial Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1155

Because the parties reached agreement at a s 34 conciliation conference and the agreed decision was one the Court could make in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement. The Court had power under s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979 to modify the Development Control Order as agreed.

Jurisdiction
Australia
Judgment Date
31 March 2023
Procedural Posture
Class 1 Appeal Against a Development Control Order / Conciliation Conference; Agreement Between the Parties; Orders Made
Outcome
The appeal was upheld and the Development Control Order given by Sutherland Shire Council on 28 September 2022 was modified pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979.
Legal Topics
['development Control Order' 'unauthorised Structures and Additions' 'compliance Order' 'conciliation Conference' 'modification of Order']
['planning and Environment Law'] ['development Control Order' 'unauthorised Structures and Additions' 'compliance Order' 'conciliation Conference' 'modification of Order']

Case Brief

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Procedural Posture

Class 1 Appeal Against a Development Control Order / Conciliation Conference; Agreement Between the Parties; Orders Made

Legal Issues

  1. 1 ["Whether the Court should dispose of the Class 1 appeal in accordance with the parties' agreement reached at a conciliation conference." 'Whether the Court had power under s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979 to modify the Development Control Order in the manner agreed by the parties.']

Ratio Decidendi

Because the parties reached agreement at a s 34 conciliation conference and the agreed decision was one the Court could make in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement. The Court had power under s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979 to modify the Development Control Order as agreed.

Court Disposition

The appeal was upheld and the Development Control Order given by Sutherland Shire Council on 28 September 2022 was modified pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979.

Orders

  • ['The appeal is upheld.' 'The Order given by Sutherland Shire Council on 28 September 2022 is modified pursuant to section 8.18(4)(b) of the Environmental Planning and Assessment Act 1979.' 'Under the heading "To Do What", Item 1 remains.' 'Under the heading "To Do What", Item 2 is amended to read "for the awning to...