J. Solomon Pty Ltd v Sutherland Shire Council [2021] NSWLEC 1793

J. Solomon Pty Ltd v Sutherland Shire Council [2021] NSWLEC 1793

Because s 8.18(4)(b) and s 8.18(4)(f) of the Environmental Planning and Assessment Act 1979 empowered the Court to modify the development control order or make other orders with respect to it, the agreed modification was a decision the Court could make in the proper exercise of its functions; s 34(3)(a) of the Land and Environment Court Act 1979 therefore required the Court to dispose of the proceedings in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
22 December 2021
Procedural Posture
Class 1 Appeal Against a Development Control Order / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Orders Made by Agreement
Outcome
Appeal upheld; development control order amended.
Legal Topics
['development Control Order' 'demolish Works Order' 'deck Erected Without Development Consent' 'exempt Development' 'foreshore Area' 'conciliation Conference' 'modification of Order']
['planning and Environment Law' 'development Control and Enforcement'] ['development Control Order' 'demolish Works Order' 'deck Erected Without Development Consent' 'exempt Development' 'foreshore Area' 'conciliation Conference' 'modification of Order']

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Procedural Posture

Class 1 Appeal Against a Development Control Order / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Orders Made by Agreement

Legal Issues

  1. 1 ["Whether the Court had power on an appeal against a development control order to modify the order in accordance with the parties' agreement." 'Whether the agreed decision was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.']

Ratio Decidendi

Because s 8.18(4)(b) and s 8.18(4)(f) of the Environmental Planning and Assessment Act 1979 empowered the Court to modify the development control order or make other orders with respect to it, the agreed modification was a decision the Court could make in the proper exercise of its functions; s 34(3)(a) of the Land and Environment Court Act 1979 therefore required the Court to dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Appeal upheld; development control order amended.

Orders

  • ['The Appeal is upheld.' 'The Order issued by the Respondent dated 10 June 2021, pursuant to s 9.34 of the Environmental Planning and Assessment Act 1979, is amended.' 'The original requirement to demolish and remove the steel framed covered deck and return the area to its original state is deleted and replaced with...