Llandilo Property Holdings Pty Ltd v Penrith City Council [2024] NSWLEC 1694

Llandilo Property Holdings Pty Ltd v Penrith City Council [2024] NSWLEC 1694

The parties reached agreement at a conciliation conference to substitute the stop use and demolish works orders with new orders allowing for a limited period of use and permitting regularisation or removal within set timeframes; as this was a decision the Court could have made properly, the Court made orders accordingly under statutory authority.

Parties
Applicant: Llandilo Property Holdings Pty Ltd; Respondent: Penrith City Council
Jurisdiction
Australia
Judgment Date
31 October 2024
Procedural Posture
Appeal (class 1 Land and Environment Court) / Final Orders Following Conciliation Conference
Outcome
Appeals upheld; substituted orders made as agreed at conciliation conference.
Legal Topics
Development Control Order, Appeal, Stop Use Order, Demolish Works Order, Environmental Planning, Local Environmental Plan, Settlement Under S 34 LEC Act
Planning and Environment Law Development Control Order Appeal Stop Use Order Demolish Works Order Environmental Planning Local Environmental Plan Settlement Under S 34 LEC Act

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Parties

Llandilo Property Holdings Pty Ltd

Applicant

Penrith City Council

Respondent

Procedural Posture

Appeal (class 1 Land and Environment Court) / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the original development control orders (stop use and demolish works) should be upheld, revoked, or substituted under s 8.18(4) of the Environmental Planning and Assessment Act 1979 (NSW)

Ratio Decidendi

The parties reached agreement at a conciliation conference to substitute the stop use and demolish works orders with new orders allowing for a limited period of use and permitting regularisation or removal within set timeframes; as this was a decision the Court could have made properly, the Court made orders accordingly under statutory authority.

Court Disposition

Appeals upheld; substituted orders made as agreed at conciliation conference.

Orders

  • The appeal in proceedings 2024/154668 is upheld; the stop use order is substituted under s 8.18(4)(c) EPA Act as per Annexure A.
  • The appeal in proceedings 2024/154669 is upheld; the demolish works order is substituted under s 8.18(4)(c) EPA Act as per Annexure B.