Bannigan v Ku ring gai Council [2022] NSWLEC 1434

Bannigan v Ku ring gai Council [2022] NSWLEC 1434

The Court was satisfied that the legislative requirements for the making and modification of the development control orders were met and, by agreement of the parties, the appeal should be upheld and the orders modified accordingly under the relevant statutory powers.

Jurisdiction
Australia
Judgment Date
18 August 2022
Procedural Posture
Appeal Against Development Control Order / Post Conciliation Conference; Final Orders
Outcome
Appeal upheld; development control orders modified by consent
Legal Topics
['development Control Order' 'conciliation Conference' 'appeal' 'modification of Orders']
['planning and Environment Law'] ['development Control Order' 'conciliation Conference' 'appeal' 'modification of Orders']

Case Brief

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Procedural Posture

Appeal Against Development Control Order / Post Conciliation Conference; Final Orders

Legal Issues

  1. 1 ['Whether the conditions for issuing the development control order existed under the Environmental Planning and Assessment Act 1979, Schedule 5, Part 1, Items 3 and 10' 'Whether the Court can modify the development control order by agreement under s.8.18(4) of the EPA Act']

Ratio Decidendi

The Court was satisfied that the legislative requirements for the making and modification of the development control orders were met and, by agreement of the parties, the appeal should be upheld and the orders modified accordingly under the relevant statutory powers.

Court Disposition

Appeal upheld; development control orders modified by consent

Orders

  • ['The appeal is upheld' 'Pursuant to s.8.18(4) of the Environmental Planning and Assessment Act 1979, the development control orders No. 3 & 10 dated 31 January 2022 given by the Respondent to the Applicant are modified in terms of the Modified Order attached as Annexure A']