NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Hughan v Willoughby City Council [2023] NSWLEC 1734 Hearing dates: Conciliation conference on 6 and 20 November 2023 Date of orders: 05 December 2023 Decision date: 05 December 2023 Jurisdiction: Class 1 Before: Targett AC Decision: The Court orders that: (1) The appeal is upheld. (2) Pursuant to s 8.18(4)(c) of the Environmental Planning and Assessment Act 1979, Development Control Order No 3579 as issued by the respondent to the applicant dated 23 May 2023, comprising Order No 3 – Demolish Works Order and an Order No 10 – Restore Works Order, is substituted with a development control order in the terms set out in Annexure A, being an order that the respondent as the relevant enforcement authority could have given. Catchwords: DEVELOPMENT CONTROL ORDER – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.18, 9.34, Sch 5, Pt 1 Land and Environment Court Act 1979, ss 17, 34 Willoughby Local Environmental Plan 2012 Texts Cited: Australian Buildings Codes Board, National Construction Code, August 2022 Category: Principal judgment Parties: Geoffrey Hughan (First Applicant) Willoughby City Council (Respondent) Representation: Counsel: A Spizzo (Solicitor) (Applicants) J Merlino (Solicitor) (Respondent)
Solicitors: Alice Spizzo Advisory (Applicants) HWL Ebsworth Lawyers (Respondent) File Number(s): 2023/170750 Publication restriction: No
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