Blackwell v Shoalhaven City Council [2023] NSWLEC 1476

Land and Environment Court New South Wales

Medium Neutral Citation: Blackwell v Shoalhaven City Council [2023] NSWLEC 1476 Hearing dates: Conciliation Conference on 28 July 2023 Date of orders: 23 August 2023 Decision date: 23 August 2023 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is upheld. (2) The Order dated 1 February 2023 is modified in accordance with the Order at Annexure A. (3) No order as to costs. Catchwords: APPEAL – development control order – stop use order – conciliation conference – agreement reached – order modified Legislation Cited: Environmental Planning and Assessment Act 1979, Pt 1, Sch 5, ss 8.18, 9.34, 9.35 Land and Environment Court Act 1979, s 34 Category: Principal judgment Parties: Alan Thomas Blackwell (Applicant) Shoalhaven City Council (Respondent) Representation: Counsel: J Burrell (Solicitor) (Applicant) A Menyhart (Solicitor) (Respondent)

Solicitors: Burrell Solicitors ILP (Applicant) BAL Lawyers (Respondent) File Number(s): 2023/61784 Publication restriction: Nil

Judgment 1. COMMISSIONER: This appeal concerns a development control order issued by Shoalhaven City Council (Council) and dated 1 February 2023. The order was issued pursuant to s 9.34(1) of the Environmental Planning and Assessment Act 1979 (EPA Act), which allows a development control order to be given in accordance with the table to Part 1 of Schedule 5 to the EPA Act. The order is a stop use order, issued pursuant to Item 1 of Part 1 of Schedule 5. 2. The order concerned a 200m2 shed located on lot 142 of DP 1000567 known as 417 Back Forest Road, Far Meadow, NSW (the subject premises). The order required the applicant to cause the use of the shed to stop within four (4) weeks of the date of the order and no later than 5pm, 1 March 2023. 3. The applicant is the owner of the subject premises.