Walker v Queanbeyan-Palerang Regional Council [2020] NSWLEC 1079

Walker v Queanbeyan-Palerang Regional Council [2020] NSWLEC 1079

An agreement was reached at conciliation to modify the contested development control order so as to require registration of a covenant providing a right of access rather than amending the s 88B instrument. The Court was satisfied it had power to make such an order and did so, upholding the appeal and substituting the development control order as agreed.

Jurisdiction
Australia
Judgment Date
26 February 2020
Procedural Posture
Appeal Against Development Control Order / Post Conciliation Conference Determination
Outcome
Appeal upheld; substituted order made as per agreement
Legal Topics
['development Control Order' 'conciliation Conference' 'modification of Orders']
['planning and Environment Law'] ['development Control Order' 'conciliation Conference' 'modification of Orders']

Case Brief

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Procedural Posture

Appeal Against Development Control Order / Post Conciliation Conference Determination

Legal Issues

  1. 1 ['Whether compliance with development control order should be enforced or modified in relation to right of access for Lot 1 DP 829063; Appropriateness of substituting condition with covenant registration on Lot 2 DP 1208847']

Ratio Decidendi

An agreement was reached at conciliation to modify the contested development control order so as to require registration of a covenant providing a right of access rather than amending the s 88B instrument. The Court was satisfied it had power to make such an order and did so, upholding the appeal and substituting the development control order as agreed.

Court Disposition

Appeal upheld; substituted order made as per agreement

Orders

  • ['The appeal is upheld.' 'The original Compliance Order is substituted with an order requiring registration of a Covenant on the Title of Lot 2 DP 1208847 by 30 April 2020, granting a Right of Access to the current occupiers of Lot 1 DP 829063 and related terms, as specified in the judgment.']