Redstone Ridge Vineyards Pty Ltd v Cessnock City Council [2024] NSWLEC 1635

Redstone Ridge Vineyards Pty Ltd v Cessnock City Council [2024] NSWLEC 1635

The appeal was upheld and the Development Control Order revoked, as the agreement of the parties at the conciliation conference satisfied the statutory requirements under Environmental Planning and Assessment Act 1979 s 8.18(4) and Land and Environment Court Act 1979 s 34(3). The substitution of the Fire Safety Order ensures appropriate fire safety management pending completion of consent orders.

Parties
Applicant: Redstone Ridge Vineyards Pty Ltd; Respondent: Cessnock City Council
Jurisdiction
Australia
Judgment Date
11 October 2024
Procedural Posture
Appeal / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld, Development Control Order revoked, Fire Safety Order substituted
Legal Topics
Development Control Order, Fire Safety Order, Appeal, Conciliation Conference, Agreement Between Parties
Planning and Environment Law Development Control Order Fire Safety Order Appeal Conciliation Conference Agreement Between Parties

Case Brief

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Parties

Redstone Ridge Vineyards Pty Ltd

Applicant

Cessnock City Council

Respondent

Procedural Posture

Appeal / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 Whether the Development Control Order should be revoked and substituted with a Fire Safety Order pursuant to Environmental Planning and Assessment Act 1979 s 8.18(4)

Ratio Decidendi

The appeal was upheld and the Development Control Order revoked, as the agreement of the parties at the conciliation conference satisfied the statutory requirements under Environmental Planning and Assessment Act 1979 s 8.18(4) and Land and Environment Court Act 1979 s 34(3). The substitution of the Fire Safety Order ensures appropriate fire safety management pending completion of consent orders.

Court Disposition

Appeal upheld, Development Control Order revoked, Fire Safety Order substituted

Orders

  • The appeal is upheld.
  • The Development Control Order issued by the Respondent to the Applicant on 24 August 2023 under Division 9.3 and Schedule 5, Part 2, order 3 of the Environmental Planning and Assessment Act 1979 is revoked, pursuant to section 8.18(4)(a) of the Environmental Planning and Assessment Act 1979.