Mac GT Motors Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1467

The Court upheld the appeal and modified development control orders Nos 3 and 11 in accordance with the parties' conciliated agreement, pursuant to statutory provisions permitting such alteration.

Jurisdiction: Australia
Judgment Date: 16 August 2021
Procedural Posture: Appeal / Final Orders Following Conciliation Conference
Outcome: Appeal upheld
Legal Topics: ['development Control Orders' 'appeal' 'conciliation Conference' 'modification of Orders']

['planning and Environment'] ['development Control Orders' 'appeal' 'conciliation Conference' 'modification of Orders']

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Appeal / Final Orders Following Conciliation Conference

Legal Issues

1 ['Whether development control orders issued pursuant to the Environmental Planning and Assessment Act 1979 should be modified']

Ratio Decidendi

The Court upheld the appeal and modified development control orders Nos 3 and 11 in accordance with the parties' conciliated agreement, pursuant to statutory provisions permitting such alteration.

Court Disposition

Appeal upheld

Orders

['The appeal is upheld.' 'Development Control Orders No. 3 and 11 issued by the Respondent are modified and reissued as per Annexure A.']