Melonas v Liverpool City Council [2022] NSWLEC 1045

Melonas v Liverpool City Council [2022] NSWLEC 1045

Because s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979 empowered the Court to modify the development control order, and the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to a decision the Court could make, the Court was required to dispose of the proceedings in accordance with that agreement by upholding the appeal and modifying the Order.

Jurisdiction
Australia
Judgment Date
01 February 2022
Procedural Posture
Class 1 Appeal Against a Development Control Order / Orders Made Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development control order modified.
Legal Topics
['development Control Order' 'stop Use Order' 'demolish Works Order' 'structures Erected Without Required Development Consent' 'prohibited Storage Premises and Transport Depot Use' 'conciliation Agreement' 'modification of Order']
['environmental Planning and Assessment' 'land and Environment Court Procedure'] ['development Control Order' 'stop Use Order' 'demolish Works Order' 'structures Erected Without Required Development Consent' 'prohibited Storage Premises and Transport Depot Use' 'conciliation Agreement' 'modification of Order']

Case Brief

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Procedural Posture

Class 1 Appeal Against a Development Control Order / Orders Made Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the development control order requiring demolition and removal of sheds and stopping use of the land for storage premises and a transport depot should be modified.' "Whether the Court had power to modify the development control order in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

Because s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979 empowered the Court to modify the development control order, and the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to a decision the Court could make, the Court was required to dispose of the proceedings in accordance with that agreement by upholding the appeal and modifying the Order.

Court Disposition

Appeal upheld; development control order modified.

Orders

  • ['The Appeal is upheld.' 'Pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, the Development Control Order given by the Council to the Applicants on 19 January 2021 is modified as set out in the amended development control order at Annexure A.']