The Owners - Strata Plan No 7933 v Waverley Council [2022] NSWLEC 1568

The Owners - Strata Plan No 7933 v Waverley Council [2022] NSWLEC 1568

The development control order requiring demolition was properly issued, but the court has power under s 8.18(4) of the EPA Act and s 34(3) of the LEC Act to modify the order as agreed, limiting demolition to the encroaching part and requiring works to make good what remains after demolition.

Jurisdiction
Australia
Judgment Date
17 October 2022
Procedural Posture
Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld; development control order modified by agreement
Legal Topics
['development Control Order' 'demolition of a Building' 'conciliation Conference' 'modification of Order']
['planning Law'] ['development Control Order' 'demolition of a Building' 'conciliation Conference' 'modification of Order']

Case Brief

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Procedural Posture

Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether the development control order requiring demolition was properly issued' 'Whether the order may be modified to only require demolition of the encroaching part and works to make good the remaining building']

Ratio Decidendi

The development control order requiring demolition was properly issued, but the court has power under s 8.18(4) of the EPA Act and s 34(3) of the LEC Act to modify the order as agreed, limiting demolition to the encroaching part and requiring works to make good what remains after demolition.

Court Disposition

Appeal upheld; development control order modified by agreement

Orders

  • ['The appeal is upheld.' 'Developmental Control Order NO-4950 issued by the Respondent to the Applicant on 9 February 2022 is modified in accordance with Annexure A.']