Kobra v Port Stephens Council [2020] NSWLEC 1011

Because the parties reached an agreement acceptable to both and such agreement is one the Court could have properly made, the Court must dispose of proceedings in accordance with the agreement, extending compliance with the development control order to 3 March 2021.

Parties: First Applicant: Narin Kobra; Second Applicant: Ahmet Shevket; Respondent: Port Stephens Council
Jurisdiction: Australia
Judgment Date: 08 January 2020
Procedural Posture: Appeal / Conciliation Conference and Judgment
Outcome: Appeal upheld in part; extension of compliance granted
Legal Topics: Development Control Orders, Appeal, Conciliation Conference, Orders by Agreement

Planning and Environment Development Control Orders Appeal Conciliation Conference Orders by Agreement

Case Brief

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Parties

Narin Kobra

First Applicant

Ahmet Shevket

Second Applicant

Port Stephens Council

Respondent

Procedural Posture

Appeal / Conciliation Conference and Judgment

Legal Issues

1 Whether the time for compliance with the development control order should be extended by the Court
2 Whether the agreement between the parties can be disposed of by the Court under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

Court Disposition

Appeal upheld in part; extension of compliance granted

Orders

The appeal is upheld in part.
The time for the Applicants to comply with the Respondent's Development Control Order dated 14 February 2019 is extended to 3 March 2021.