Jam Pad Investments Pty Ltd v Central Coast Council [2023] NSWLEC 1455

Jam Pad Investments Pty Ltd v Central Coast Council [2023] NSWLEC 1455

The substitution of the development control Order with a Repair Order is permissible under s 8.18(4)(c) of EPA Act, and justified due to the likelihood of danger posed by the current condition of certain works, in accordance with statutory authority and the agreement reached at conciliation conference.

Jurisdiction
Australia
Judgment Date
16 August 2023
Procedural Posture
Appeal / Disposal Following Conciliation Conference
Outcome
Appeal upheld; development control order substituted with an amended order (Order No. 5, Annexure A)
Legal Topics
['development Control Order' 'restore Works Order' 'repair Order' 'unauthorised Works' 'conciliation Conference']
['planning Law'] ['development Control Order' 'restore Works Order' 'repair Order' 'unauthorised Works' 'conciliation Conference']

Case Brief

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Procedural Posture

Appeal / Disposal Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the development control order should be upheld or substituted with a repair order' 'Whether the substituted repair order is appropriate given the circumstances']

Ratio Decidendi

The substitution of the development control Order with a Repair Order is permissible under s 8.18(4)(c) of EPA Act, and justified due to the likelihood of danger posed by the current condition of certain works, in accordance with statutory authority and the agreement reached at conciliation conference.

Court Disposition

Appeal upheld; development control order substituted with an amended order (Order No. 5, Annexure A)

Orders

  • ['Appeal is upheld.' "Development control Order No. 10 issued by Central Coast Council on 28 June 2022 is substituted with the amended Order No. 5 annexed hereto and marked 'A'."]