NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Deemay Enterprises Pty Limited v Port Stephens Council [2020] NSWLEC 1613 Hearing dates: 26 November 2020 Date of orders: 8 December 2020 Decision date: 08 December 2020 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The appeal is upheld. (2) The Order dated 26 August 2019 is modified pursuant to s 8.18(4)(b) to require the following works: (a) The removal of the six (6) dwellings numbered 75 to 80 situated in the APZ and adjacent to the southern boundary of land described as Lot 175 DP 753204, 530 Gan Gan Road One Mile by 31 March 2021. Catchwords: APPEAL – development control order – modify the development control order under s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979 – site used as a manufactured home estate or seniors living development – structures on site constructed without approval Legislation Cited: COVID-19 Legislation Amendment (Emergency Measures – Miscellaneous) Act 2020 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Port Stephens Local Environmental Plan 2013 Category: Principal judgment Parties: Deemay Enterprises Pty Limited (Applicant) Port Stephens Council (Respondent) Representation: Counsel: G Long (Solicitor) (Applicant) A Pickup (Solicitor) (Respondent)
Solicitors: Long Legal (Applicant) Local Government Legal (Respondent) File Number(s): 2019/296777 Publication restriction: No
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