Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27:

1. COMMISSIONER: This is an appeal pursuant to s 8.18(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against Development Control Order ref EPA0087/24 (DCO) dated 23 September 2024 issued by Ku-ring-gai Council (Council) requiring the Applicant to demolish an unauthorised hardstand concrete area (relevant structure) situated on land identified as Lot 1 in Deposited Plan 24472 (Site) and known as 5 Kilpa Place, St Ives 2075 (Premises).

2. The proceedings fall within Class 1 of the Court's jurisdiction pursuant to s 17(d) of the Land and Environment Court Act 1979 (LEC Act).

3. The statutory power or function to be exercised in determining the proceedings is subss 8.18(4)(b) and (f) of the EPA Act.

4. The Court arranged a conciliation conference under s 34(1) of the LEC Act between the parties, which was held on 12 and 20 March, and 2 May 2025. I presided over the conciliation conference.

5. In these proceedings, the signed s 34(3) Agreement was filed on 8 May 2025. The terms of a decision that is agreed upon by the parties is for the order to be modified so that it requires the Applicant to carry out certain works within a certain time frame.

6. The agreement reached by the parties involved the Court upholding the appeal, and modifying the DCO in accordance with Annexure A.

Legislation

Environmental Planning and Assessment Act 1979

7. I insert the relevant sections of the EPA Act below:

8.18 Appeals concerning orders (cf previous s 121ZK)

(1) A person who is given a development control order may appeal to the Court against the order.

...

(3) The appeal may be made only-

(a) within 28 days after the development control order is given to the person, or

(b) if an order is given subsequently that forms part of the development control order, within 28 days after the subsequent order is given to the person.

(4) On hearing an appeal, the Court may-

...

(b) modify the development control order, or

...

(f) make such other order with respect to the develop control order as the Court thinks fit.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196f579909c59eb965edd899)

Disclaimer: Curated by HT Syndication.