Stockland Development Pty Ltd v Manly Council [2009] NSWLEC 1242

Stockland Development Pty Ltd v Manly Council [2009] NSWLEC 1242

The only justified order is that required by the original stop work order relying on compliance with Condition DA225 of the development consent (Manly Council's Paving Design Guidelines). Attempts by the council to seek additional orders are not supported by the Act or the conditions cited in the order.

Parties
Applicant: Stockland Development Pty Ltd; Respondent: Manly Council
Jurisdiction
Australia
Judgment Date
12 June 2009
Procedural Posture
Appeal / Ex Tempore Judgment
Outcome
appeal upheld
Legal Topics
Development Consent, Emergency Stop Work Order, Interpretation of Conditions, Environmental Planning and Assessment Act 1979 S 121 ZK
Planning and Environment Development Consent Emergency Stop Work Order Interpretation of Conditions Environmental Planning and Assessment Act 1979 S 121 ZK

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Stockland Development Pty Ltd

Applicant

Manly Council

Respondent

Procedural Posture

Appeal / Ex Tempore Judgment

Legal Issues

  1. 1 Whether emergency stop work order under s 121ZK of the Environmental Planning and Assessment Act 1979 was supported by non-compliance with development consent conditions, particularly relating to council's Paving Design Guidelines
  2. 2 Whether the council was entitled to obtain additional orders beyond those founded in the original emergency stop work order

Ratio Decidendi

The only justified order is that required by the original stop work order relying on compliance with Condition DA225 of the development consent (Manly Council's Paving Design Guidelines). Attempts by the council to seek additional orders are not supported by the Act or the conditions cited in the order.

Court Disposition

appeal upheld

Orders

  • The appeal is upheld. The order to stop work and comply with Condition DA225 (Manly Council's Paving Design Guidelines) is to be settled in final form between the parties; all further or additional orders sought by the council are discharged. Satisfaction of the agreed terms is due by 30 September 2009.