RYNP Education Consultancy Pty Ltd v Ku-Ring-Gai Council [2024] NSWLEC 1737

RYNP Education Consultancy Pty Ltd v Ku-Ring-Gai Council [2024] NSWLEC 1737

All jurisdictional prerequisites for modifying the order under s 8.18(4)(c) of the Environmental Planning and Assessment Act 1979 are satisfied; agreement was reached by the parties at conciliation conference and is a decision the Court could have made; the Restore Works Order is validly modified as set out in Annexure 'A'.

Parties
Applicant: RYNP Education Consultancy Pty Ltd; Respondent: Ku-Ring-Gai Council
Jurisdiction
Australia
Judgment Date
19 November 2024
Procedural Posture
Class 1 Miscellaneous Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; Development Control Order modified as agreed
Legal Topics
Development Control Order, Unlawful Tree Removal, Modification of Restore Works Order, Appeal Process, Jurisdictional Requirements
Planning and Environment Development Control Order Unlawful Tree Removal Modification of Restore Works Order Appeal Process Jurisdictional Requirements

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Parties

RYNP Education Consultancy Pty Ltd

Applicant

Ku-Ring-Gai Council

Respondent

Procedural Posture

Class 1 Miscellaneous Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the Development Control Order was validly issued
  2. 2 Whether the Court has power to modify the Order under s 8.18(4)(c) EPA Act
  3. 3 Appropriate terms for restoring the land after unlawful removal of vegetation

Ratio Decidendi

All jurisdictional prerequisites for modifying the order under s 8.18(4)(c) of the Environmental Planning and Assessment Act 1979 are satisfied; agreement was reached by the parties at conciliation conference and is a decision the Court could have made; the Restore Works Order is validly modified as set out in Annexure 'A'.

Court Disposition

Appeal upheld; Development Control Order modified as agreed

Orders

  • Appeal is upheld.
  • Development Control Order EPA0038/24 dated 7 May 2024 is modified in terms set out in Annexure 'A' pursuant to s 8.18(4)(c) Environmental Planning and Assessment Act 1979.