Doimo v Queanbeyan-Palerang Regional Council [2021] NSWLEC 1417

Land and Environment Court New South Wales

Medium Neutral Citation: Doimo v Queanbeyan-Palerang Regional Council [2021] NSWLEC 1417 Hearing dates: Conciliation conference on 7 July 2021 Date of orders: 23 July 2021 Decision date: 23 July 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development control order dated 16 February 2021 issued by Queanbeyan-Palerang Regional Council pursuant to Part 9, Division 9.3, section 9.34 (Schedule 5, Part 1, Item 2) of the Environmental Planning and Assessment Act 1979 is substituted for the development control order set out at Annexure A to these orders. Catchwords: APPEAL – development control order – stop works order – restore works order – earthworks – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.18, 9.34, 9.35, Schedule 5 Land and Environment Court Act 1979, s 34 Palerang Local Environmental Plan 2014, cl 6.1 Protection of the Environment Operations Act 1997, Part 3 of Schedule 1 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Category: Principal judgment Parties: Sandro Doimo (First Applicant) Tania Elizabeth Wilson (Second Applicant) Queanbeyan-Palerang Regional Council (Respondent) Representation: Counsel: G Shapiro (Solicitor) (Applicants) A Menyhart (Solicitor) (Respondent)