Champion v Willoughby City Council [2021] NSWLEC 1073

Champion v Willoughby City Council [2021] NSWLEC 1073

Because there was a statutory basis under Item 11 of Schedule 5 of the Environmental Planning and Assessment Act 1979 to issue a development control order as a Compliance Order, and s 8.18(4) gave the Court broad power on appeal to modify the order or make other orders with respect to it, the agreed modification was a decision the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
17 February 2021
Procedural Posture
Class 1 Appeal Against a Development Control Order / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal was upheld in part and the development control order was modified in accordance with Annexure A.
Legal Topics
['development Control Order' 'compliance Order' 'demolish Works Order' 'roof Tiles on a Dwelling in a Heritage Conservation Area' 'conciliation Conference' 'modification of Order by Agreement']
['planning and Environment Law'] ['development Control Order' 'compliance Order' 'demolish Works Order' 'roof Tiles on a Dwelling in a Heritage Conservation Area' 'conciliation Conference' 'modification of Order by Agreement']

Case Brief

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Procedural Posture

Class 1 Appeal Against a Development Control Order / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could make orders modifying the development control order in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether there was statutory power to issue and modify a Compliance Order under Schedule 5 of the Environmental Planning and Assessment Act 1979 and s 8.18(4) of that Act.']

Ratio Decidendi

Because there was a statutory basis under Item 11 of Schedule 5 of the Environmental Planning and Assessment Act 1979 to issue a development control order as a Compliance Order, and s 8.18(4) gave the Court broad power on appeal to modify the order or make other orders with respect to it, the agreed modification was a decision the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

The appeal was upheld in part and the development control order was modified in accordance with Annexure A.

Orders

  • ['The appeal is upheld in part.' "An order that pursuant to s 8.18(4) of the Environmental Planning and Assessment Act 1979, the Development Control Order issued by the Respondent to the Applicants on 30 March 2020 is modified as set out in Annexure 'A'." 'The Order at Annexure A is made pursuant to Division 9.3,...