Douros v Queanbeyan-Palerang Regional Council [2024] NSWLEC 1660

Land and Environment Court New South Wales

Medium Neutral Citation: Douros v Queanbeyan-Palerang Regional Council [2024] NSWLEC 1660 Hearing dates: Conciliation conference on 23 September 2024 Date of orders: 18 October 2024 Decision date: 18 October 2024 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Control Order dated 12 February 2024 issued to the Applicants in respect of premises on Lot 40 in Deposited Plan 244439 and known as 8 Proud Place, Wamboin NSW 2620 be modified in accordance with Annexure A. Catchwords: DEVELOPMENT CONTROL ORDER – cease use -conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.18, Div 9, Sch 5, Pt 6 Land and Environment Court Act 1979, ss 17, 34 Queanbeyan-Palerang Regional Council Local Environmental Plan 2022 Category: Principal judgment Parties: Jim Douros (First Applicant) Kerrie Douros (Second Applicant) Queanbeyan-Palerang Regional Council (Respondent) Representation: Counsel: K Mezinec (Solicitor) (Applicants) K Mezinec R McCulloch (Solicitor) (Respondent)

Solicitors: McCullough Robertson Lawyers (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s): 2024/90473 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal against a Development Control Order reference no. ON.2023.0149 issued on 12 February 2024 (DCO) by the Respondent to the Applicants in respect of Lot 40 in Deposited Plan 244439 known as 8 Proud Place, Wamboin, NSW 2620 (Site). 2. The Applicants have been accessing the Site via an access gate and unauthorised road which connects onto Sutton Road, via a Queanbeyan-Palerang Regional Council's 'Development Control Zone' which is situated on Lot 42 in Deposited Plan 244439.