Gallaher v Armidale Dumaresq Council [2022] NSWLEC 1541

Gallaher v Armidale Dumaresq Council [2022] NSWLEC 1541

The agreement to modify the Development Control Order satisfied the jurisdictional prerequisites and was a decision the Court could have made under its statutory functions, warranting part-allowance of the appeal and modification of the order as set out in Annexure A.

Parties
Applicant: Patrick Gallaher; First Respondent: Armidale Dumaresq Council; Second Respondent: Nicholas Moumazelos
Jurisdiction
Australia
Judgment Date
04 October 2022
Procedural Posture
Development Appeal / Appeal Determination Following Conciliation Conference
Outcome
The appeal is upheld, in part; the Development Control Order is modified; the appeal is otherwise dismissed.
Legal Topics
Development Control Order, Appeal, Conciliation Conference, Orders Modifying DCO
Planning and Environment Law Development Control Order Appeal Conciliation Conference Orders Modifying DCO

Case Brief

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Parties

Patrick Gallaher

Applicant

Armidale Dumaresq Council

First Respondent

Nicholas Moumazelos

Second Respondent

Procedural Posture

Development Appeal / Appeal Determination Following Conciliation Conference

Legal Issues

  1. 1 Whether the Development Control Order should be modified
  2. 2 Whether jurisdictional prerequisites for modifying a DCO are satisfied

Ratio Decidendi

The agreement to modify the Development Control Order satisfied the jurisdictional prerequisites and was a decision the Court could have made under its statutory functions, warranting part-allowance of the appeal and modification of the order as set out in Annexure A.

Court Disposition

The appeal is upheld, in part; the Development Control Order is modified; the appeal is otherwise dismissed.

Orders

  • The appeal is upheld, in part.
  • The Development Control Order issued by the Respondent to the Applicant dated 10 March 2022 is, pursuant to section 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, modified in accordance with the development control order at Annexure A.