Vaccaro Developments Pty Limited v Fairfield City Council [2024] NSWLEC 1076

Vaccaro Developments Pty Limited v Fairfield City Council [2024] NSWLEC 1076

The Court, satisfied it had the power to make the agreed orders to modify the development control order under s 8.18(4)(b) EPA Act following agreement at conciliation, made orders to uphold the appeal and modify the order in accordance with the agreement.

Parties
Applicant: Vaccaro Developments Pty Limited; Respondent: Fairfield City Council
Jurisdiction
Australia
Judgment Date
27 February 2024
Procedural Posture
Class 1 Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development control order modified as agreed.
Legal Topics
Development Control Order, Stop Use Order, Appeal, Conciliation Conference, Modification of Enforcement Order
Planning and Environment Law Development Control Order Stop Use Order Appeal Conciliation Conference Modification of Enforcement Order

Case Brief

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Parties

Vaccaro Developments Pty Limited

Applicant

Fairfield City Council

Respondent

Procedural Posture

Class 1 Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the development control order should be modified pursuant to Environmental Planning and Assessment Act 1979 s 8.18(4)(b) following agreement at conciliation conference
  2. 2 Whether the order should continue as a stop use order given zoning prohibitions

Ratio Decidendi

The Court, satisfied it had the power to make the agreed orders to modify the development control order under s 8.18(4)(b) EPA Act following agreement at conciliation, made orders to uphold the appeal and modify the order in accordance with the agreement.

Court Disposition

Appeal upheld; development control order modified as agreed.

Orders

  • The appeal is upheld.
  • The Development Control Order issued by the Respondent to the Applicant on 26 July 2023 is modified in accordance with the development control order at Annexure 'A'.