Robibaro v Mid-Coast Council [2020] NSWLEC 1209

Robibaro v Mid-Coast Council [2020] NSWLEC 1209

Because the parties agreed, and the Court was satisfied it had the power to modify the order, the appeal was upheld in part to extend the time for compliance with the development control order.

Parties
Applicant: Guido Robibaro; Respondent: Mid-Coast Council
Jurisdiction
Australia
Judgment Date
12 May 2020
Procedural Posture
Appeal / Judgment After Conciliation Conference
Outcome
Appeal upheld in part
Legal Topics
Development Control Order, Appeal, Conciliation, Modification of Order
Planning Law Environmental Law Development Control Order Appeal Conciliation Modification of Order

Case Brief

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Parties

Guido Robibaro

Applicant

Mid-Coast Council

Respondent

Procedural Posture

Appeal / Judgment After Conciliation Conference

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to comply with the development control order requiring removal of shipping containers.
  2. 2 Whether the Court can modify the development control order per the parties' agreement after conciliation.

Ratio Decidendi

Because the parties agreed, and the Court was satisfied it had the power to modify the order, the appeal was upheld in part to extend the time for compliance with the development control order.

Court Disposition

Appeal upheld in part

Orders

  • The appeal is upheld in part.
  • The time for the Applicant to comply with the Respondent's Development Control Order dated 26 February 2019 is extended until 31 May 2021.