NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Redstone Ridge Vineyards Pty Ltd v Cessnock City Council [2024] NSWLEC 1635 Hearing dates: Conciliation conference on 9 October 2024 Date of orders: 11 October 2024 Decision date: 11 October 2024 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) The Development Control Order issued by the Respondent to the Applicant on 24 August 2023 under Division 9.3 and Schedule 5, Part 2, order 3 of the Environmental Planning and Assessment Act 1979 is revoked, pursuant to section 8.18(4)(a) of the Environmental Planning and Assessment Act 1979. (3) The Fire Safety Order at Annexure A is given in substitution of the Development Control Order, pursuant to s 8.18(4)(c) of the Environmental Planning and Assessment Act 1979. Catchwords: DEVELOPMENT CONTROL ORDER – appeal – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.18, 9.34; Div 9.3; Sch 5 Pt 2 Land and Environment Court Act 1979, s 34 Category: Principal judgment Parties: Redstone Ridge Vineyards Pty Ltd (Applicant) Cessnock City Council (Respondent) Representation: Counsel: L Sims (Applicant) J Farrell (Respondent)
Solicitors: Aubrey Brown Lawyers (Applicant) Sparkes Helmore Lawyers (Respondent) File Number(s): 2023/286671 Publication restriction: No
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