Cramp v Mid-Coast Council [2021] NSWLEC 1753

Land and Environment Court New South Wales

Medium Neutral Citation: Cramp v Mid-Coast Council [2021] NSWLEC 1753 Hearing dates: Conciliation conference on 8 November 2021 Date of orders: 14 December 2021 Decision date: 14 December 2021 Jurisdiction: Class 1 Before: Peatman AC Decision: See directions at [17] below Catchwords: STOP WORK ORDER – CDC – APZ – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.63, 8.18, 18, 18.4, Pt 1 of Sch 5 Environmental Planning and Assessment Regulation 2000, cl 97 Greater Taree Local Environmental Plan 2010 Land and Environment Court Act 1979, ss 17, 34, 39 State Environmental Planning Policy (Exempt & Complying Development) 2008, cl 1.19A Texts Cited: Planning for Bushfire Protection 2019 by the NSW Rural Fire Service Category: Principal judgment Parties: David and Debra Cramp (Applicant) Mid-Coast Council (Respondent) Representation: Counsel: A Kliese (Solicitor) (Applicant) H Irish (Respondent)

Solicitors: Shaw Reynolds (Applicant) Local Government Legal (Respondent) File Number(s): 2021/251055 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal by the Applicants against Mid-Coast Council's (Council) Development Control Order (DCO) being a Stop Work Order – Order No. 2 issued by Council on 5 August 2021, pursuant to Pt 1 of Sch 5 of the Environmental Planning & Assessment Act 1979 (the EPA Act). The DCO required the Applicants to stop carrying out all building works associated with the modified CDC issued on 21 June 2021, by Daniel Chapman on behalf of BuildCert Certification Pty Ltd. 1. The appeal has been brought by the Applicants pursuant to s 8.18(1) of the EPA Act. 2. The appeal falls 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 function to be exercised in determining the proceedings is s 18(4) of the EPA Act and s 39(2) of the LEC Act.