Meriton Properties Pty Ltd v Waverley Council [2025] NSWLEC 1060

Meriton Properties Pty Ltd v Waverley Council [2025] NSWLEC 1060

The Court upheld the appeal and modified the Development Control Order since the parties agreed to terms, jurisdictional prerequisites under s 8.18 were met, and the modified order remained valid as a Fire Safety Order.

Parties
Applicant: Meriton Properties Pty Ltd; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
07 February 2025
Procedural Posture
Development Control Order Appeal / Orders Following Conciliation Conference
Outcome
Appeal upheld; Development Control Order modified
Legal Topics
Development Control Orders, Fire Safety, Modification of Orders, Appeal Process
Planning and Environment Development Control Orders Fire Safety Modification of Orders Appeal Process

Case Brief

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Parties

Meriton Properties Pty Ltd

Applicant

Waverley Council

Respondent

Procedural Posture

Development Control Order Appeal / Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the Development Control Order NO-5862 should be modified in relation to fire safety and combustible cladding rectification
  2. 2 Whether Court has jurisdiction to modify the Development Control Order under s 8.18 of the EPA Act

Ratio Decidendi

The Court upheld the appeal and modified the Development Control Order since the parties agreed to terms, jurisdictional prerequisites under s 8.18 were met, and the modified order remained valid as a Fire Safety 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 Court modifies Developmental Control Order NO-5862 issued by the Respondent to the Applicant on 29 October 2024 in accordance with Annexure A.