S.M and G. I Pty Ltd v The Hills Shire Council [2024] NSWLEC 1746

S.M and G. I Pty Ltd v The Hills Shire Council [2024] NSWLEC 1746

The Court upheld the appeal, revoked the original development control order, and substituted it with a Restore Works Order pursuant to the parties' agreement at the conciliation conference, as permitted under s 8.18(4) of the EPA Act and s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: S.M and G. I Pty Ltd; Respondent: The Hills Shire Council
Jurisdiction
Australia
Judgment Date
21 November 2024
Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development control (stop work) order revoked and substituted with Restore Works Order.
Legal Topics
Development Control Order, Stop Work Order, Conciliation Conference, Appeal, Restore Works Order
Planning and Environment Development Control Order Stop Work Order Conciliation Conference Appeal Restore Works Order

Case Brief

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Parties

S.M and G. I Pty Ltd

Applicant

The Hills Shire Council

Respondent

Procedural Posture

Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the development control order issued by The Hills Shire Council should be revoked and substituted
  2. 2 Whether unauthorised works were undertaken contrary to the Complying Development Certificate
  3. 3 Whether the Court has power to revoke and substitute the order under s 8.18(4) of the EPA Act

Ratio Decidendi

The Court upheld the appeal, revoked the original development control order, and substituted it with a Restore Works Order pursuant to the parties' agreement at the conciliation conference, as permitted under s 8.18(4) of the EPA Act and s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development control (stop work) order revoked and substituted with Restore Works Order.

Orders

  • The appeal is upheld.
  • The Development Control Order dated 2 August 2024 issued by the Respondent is revoked.