St Traidin Pty Ltd v Central Coast Council [2024] NSWLEC 1492

St Traidin Pty Ltd v Central Coast Council [2024] NSWLEC 1492

The Court, satisfied that the statutory requirements for issue and modification of Local Government Order No 5 exist and that the agreement of the parties provides a lawful and proper pathway to compliance without immediate closure, orders that the appeal is upheld and modifies the original order accordingly.

Parties
Applicant: St Traidin Pty Ltd; Respondent: Central Coast Council
Jurisdiction
Australia
Judgment Date
14 August 2024
Procedural Posture
Appeal / Orders After Conciliation Conference; Disposition Following Agreement Between Parties
Outcome
Appeal upheld; Local Government Order modified as per agreement and annexure.
Legal Topics
Local Government Orders, Manufactured Home Estates, Caravan Parks, Compliance With Regulation, Modification of Orders, Class 2 Appeals
Local Government Law Planning Law Local Government Orders Manufactured Home Estates Caravan Parks Compliance With Regulation Modification of Orders Class 2 Appeals

Case Brief

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Parties

St Traidin Pty Ltd

Applicant

Central Coast Council

Respondent

Procedural Posture

Appeal / Orders After Conciliation Conference; Disposition Following Agreement Between Parties

Legal Issues

  1. 1 Whether the Local Government Order No 5 issued by Central Coast Council on 5 May 2023 should be upheld or modified
  2. 2 Whether statutory requirements for issuing and modifying such an order have been met
  3. 3 What is the appropriate pathway to address identified non-compliances under the relevant Regulation

Ratio Decidendi

The Court, satisfied that the statutory requirements for issue and modification of Local Government Order No 5 exist and that the agreement of the parties provides a lawful and proper pathway to compliance without immediate closure, orders that the appeal is upheld and modifies the original order accordingly.

Court Disposition

Appeal upheld; Local Government Order modified as per agreement and annexure.

Orders

  • The appeal is upheld.
  • Pursuant to s 180(4)(b) of the Local Government Act 1993, the Court modifies the terms of the Local Government Order No 5 issued to the Applicant on 5 May 2023 by Central Coast Council in relation to Lot 3, Sec 13 in DP 1902, known as 520 Pacific Highway, Wyoming as shown in the Modified Order in Annexure A.