Rabremo Pty Ltd v Brewarrina Shire Council [2022] NSWLEC 1050

Rabremo Pty Ltd v Brewarrina Shire Council [2022] NSWLEC 1050

The parties agreed to revocation of the Development Control Order and dismissal of the appeal, the relevant jurisdictional requirements were resolved, and the Court was satisfied on the evidence that there were no jurisdictional impediments to revocation under s 8.18(4)(f) of the Environmental Planning and Assessment Act 1979. Because the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that decision.

Jurisdiction
Australia
Judgment Date
07 February 2022
Procedural Posture
Class 1 Appeal Against a Development Control Order (stop Use) / Final Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
The appeal was dismissed, the Development Control Order was revoked, and no costs were ordered.
Legal Topics
['development Control Order' 'stop Use Order' 'irrigation Earthworks' 'conciliation Conference' 'revocation of Order' 'class 1 Appeal']
['planning and Environment Law' 'local Government' 'water Management'] ['development Control Order' 'stop Use Order' 'irrigation Earthworks' 'conciliation Conference' 'revocation of Order' 'class 1 Appeal']

Case Brief

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Procedural Posture

Class 1 Appeal Against a Development Control Order (stop Use) / Final Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether Development Control Order (Stop Use) No 788.2 2021 should be revoked pursuant to s 8.18(4)(f) of the Environmental Planning and Assessment Act 1979.' "Whether the Court could dispose of the proceedings in accordance with the parties' agreed decision under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

The parties agreed to revocation of the Development Control Order and dismissal of the appeal, the relevant jurisdictional requirements were resolved, and the Court was satisfied on the evidence that there were no jurisdictional impediments to revocation under s 8.18(4)(f) of the Environmental Planning and Assessment Act 1979. Because the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that decision.

Court Disposition

The appeal was dismissed, the Development Control Order was revoked, and no costs were ordered.

Orders

  • ['The appeal is dismissed.' 'Development Control Order (Stop Work Order) No 788.2 2021 issued on 9 July 2021 and served on Rabremo Pty Ltd, pursuant to s 9.35 of the Environmental Planning and Assessment Act 1979, is revoked pursuant to s 8.18(4)(f).' 'No costs are ordered with the intention that each party pay...