Vieira v Ku-ring-gai Council [2010] NSWLEC 1279

Vieira v Ku-ring-gai Council [2010] NSWLEC 1279

Because the parties had resolved their contentions, there were no objectors, the Court was satisfied it had power under s 121ZK(4) of the Environmental Planning and Assessment Act 1979 to modify the order, and the proposed orders complied with the relevant clauses of the Ku-ring-gai Planning Scheme Ordinance, DCP 38...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 October 2010
Procedural Posture
Appeal Against an Order Issued Pursuant to S 121 B of the Environmental Planning and Assessment Act 1979 / Consent Orders; Ex Tempore Judgment
Outcome
Appeal dismissed; s 121B order substituted with consent orders.
Legal Topics
['s 121 B Order' 'unauthorised Retaining Walls, Fill and Boundary Fence' 'visual Amenity' 'blue Gum High Forest' 'consent Orders']
['environmental Planning and Assessment' 'land and Environment' 'threatened Species Conservation'] ['s 121 B Order' 'unauthorised Retaining Walls, Fill and Boundary Fence' 'visual Amenity' 'blue Gum High Forest' 'consent Orders']

Source-derived case record

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Procedural Posture

Appeal Against an Order Issued Pursuant to S 121 B of the Environmental Planning and Assessment Act 1979 / Consent Orders; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the s 121B order concerning unauthorised timber retaining walls, associated works and southern side boundary fence should be revoked, modified or substituted.' 'Whether proposed consent orders complied with the relevant clauses of the Ku-ring-gai Planning Scheme Ordinance, Development Control Plan 38 and the Threatened Species Conservation Act 1995.' 'Whether the unauthorised works had unacceptable visual impacts and impacts on Blue Gum High Forest species.']

Ratio Decidendi

Because the parties had resolved their contentions, there were no objectors, the Court was satisfied it had power under s 121ZK(4) of the Environmental Planning and Assessment Act 1979 to modify the order, and the proposed orders complied with the relevant clauses of the Ku-ring-gai Planning Scheme Ordinance, DCP 38 and the Threatened Species Conservation Act 1995, granting consent orders was appropriate.

Court Disposition

Appeal dismissed; s 121B order substituted with consent orders.

Orders

  • ['Appeal No. 10387 of 2010 is dismissed.' 'The s 121B Order No. EPA0121/09 issued by Ku-ring-gai Council to the applicant on 19 April 2010 be substituted with orders 1-8 of Annexure A.' 'The exhibits are retained.' 'The Applicant is to remove the existing western retaining wall and relocate and construct a new...