Del-Ben v Waverley Council [2021] NSWLEC 1178

Del-Ben v Waverley Council [2021] NSWLEC 1178

As the parties agreed and the unauthorised works were removed, and jurisdictional prerequisites under s 34(3) of the Land and Environment Court Act 1979 and s 8.18(4)(d) of the Environmental Planning and Assessment Act 1979 were satisfied, the Court upheld the appeal and found that the Development Control Order had been sufficiently complied with.

Jurisdiction
Australia
Judgment Date
14 April 2021
Procedural Posture
Class 1 Miscellaneous Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld
Legal Topics
['development Control Order Appeal' 'exempt and Complying Development' 'unauthorised Building Works' 'conciliation Conference']
['planning and Environment Law'] ['development Control Order Appeal' 'exempt and Complying Development' 'unauthorised Building Works' 'conciliation Conference']

Case Brief

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Procedural Posture

Class 1 Miscellaneous Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the Development Control Order No. 3 has been sufficiently complied with' 'Whether jurisdictional prerequisites for making the orders have been satisfied']

Ratio Decidendi

As the parties agreed and the unauthorised works were removed, and jurisdictional prerequisites under s 34(3) of the Land and Environment Court Act 1979 and s 8.18(4)(d) of the Environmental Planning and Assessment Act 1979 were satisfied, the Court upheld the appeal and found that the Development Control Order had been sufficiently complied with.

Court Disposition

Appeal upheld

Orders

  • ['The appeal is upheld.' 'Pursuant to s 8.18(4)(d) of the Environmental Planning and Assessment Act 1979, the Development Control Order No. 3 issued by the Respondent on 17 November 2020 has been sufficiently complied with.']