Noakes Group Pty Ltd v North Sydney Council [2021] NSWLEC 1045

Noakes Group Pty Ltd v North Sydney Council [2021] NSWLEC 1045

The parties agreed under s 34 of the Land and Environment Court Act 1979 that the appeal should be allowed and the Development Control Order revoked. Because revocation was within the Court's power under s 8.18(4)(a) of the Environmental Planning and Assessment Act 1979 and there was no jurisdictional impediment, s 34(3) required the Court to dispose of the proceedings in accordance with the agreement.

Jurisdiction
Australia
Judgment Date
25 January 2021
Procedural Posture
Class 1 Appeal Pursuant to S 8.18 of the Environmental Planning and Assessment Act 1979 Against a Development Control Order / Final Orders Following Conciliation and Mediation by Agreement Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Control Order revoked; no order as to costs.
Legal Topics
['development Control Order' 'cease Using Premises Unlawfully' 'conciliation' 'mediation' 'revocation of Order' 'costs']
['environmental Planning and Assessment' 'land and Environment'] ['development Control Order' 'cease Using Premises Unlawfully' 'conciliation' 'mediation' 'revocation of Order' 'costs']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.18 of the Environmental Planning and Assessment Act 1979 Against a Development Control Order / Final Orders Following Conciliation and Mediation by Agreement Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979" 'Whether the Court had power under s 8.18(4)(a) of the Environmental Planning and Assessment Act 1979 to revoke the Development Control Order']

Ratio Decidendi

The parties agreed under s 34 of the Land and Environment Court Act 1979 that the appeal should be allowed and the Development Control Order revoked. Because revocation was within the Court's power under s 8.18(4)(a) of the Environmental Planning and Assessment Act 1979 and there was no jurisdictional impediment, s 34(3) required the Court to dispose of the proceedings in accordance with the agreement.

Court Disposition

Appeal upheld; Development Control Order revoked; no order as to costs.

Orders

  • ['The Court notes that the parties have agreed that there be no order as to costs with the intention that each party should bear its own costs.' 'The appeal is upheld.' 'Pursuant to s 8.18(4)(a) of the Environmental Planning and Assessment Act 1979 (EP&A Act), the Court orders that Development Control Order dated 30...