Chan v Ku-ring-gai Council [2021] NSWLEC 1425

Chan v Ku-ring-gai Council [2021] NSWLEC 1425

The parties reached agreement at the conciliation conference on terms modifying the Development Control Order, and that agreed decision was one the Court could make in the proper exercise of its functions under s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, so the proceedings were disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
27 July 2021
Procedural Posture
Class 1 Appeal Against Development Control Order No. Epa0142/20 / Orders Made After Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and Development Control Order No. EPA0142/20 dated 5 February 2021 is modified. No order as to costs.
Legal Topics
['development Control Order' 'demolish Works Order' 'conciliation Conference' 'modification of Order']
['planning and Environment Law'] ['development Control Order' 'demolish Works Order' 'conciliation Conference' 'modification of Order']

Case Brief

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Procedural Posture

Class 1 Appeal Against Development Control Order No. Epa0142/20 / Orders Made After Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreed decision reached at the conciliation conference." 'Whether Development Control Order No. EPA0142/20 should be modified under s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

The parties reached agreement at the conciliation conference on terms modifying the Development Control Order, and that agreed decision was one the Court could make in the proper exercise of its functions under s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, so the proceedings were disposed of in accordance with that agreement.

Court Disposition

The appeal is upheld and Development Control Order No. EPA0142/20 dated 5 February 2021 is modified. No order as to costs.

Orders

  • ['The appeal is upheld.' 'Development Control Order No. EPA0142/20 dated 5 February 2021 is modified as follows: Order 3: Remove all timber support posts and cross beams in the front yard of the site at 67 Eton Road, Lindfield, with the exception of the timber support posts and cross beams located in the planter box...