Bocce Pty Ltd v Woollahra Municipal Council [2013] NSWLEC 1151

Land and Environment Court New South Wales

Medium Neutral Citation: Bocce Pty Ltd v Woollahra Municipal Council [2013] NSWLEC 1151 Hearing dates: 8, 9 August 2013 Decision date: 09 August 2013 Jurisdiction: Class 1 Before: Pearson C Decision: By consent: 1. The Order to cease work issued by the Respondent on 15 May 2013 and the subject of these proceedings is revoked pursuant to section 121ZK(4)(a) of the Act. 2. Each party to bear their own costs. NOTE: In making Order 1 by consent, the Court notes the following assurance given on behalf of the applicant: In any Class 4 proceedings commenced by Council arising from a determination of proceedings 10533 of 2013 and 10571 of 2013 which is adverse to the applicant, the applicant will not, for the purposes of the exercise of the Court's discretion under section 124 of the Environmental Planning and Assessment Act 1979, rely upon work done on and from 1 August 2013 in contravention of section 76A of that Act. Catchwords: CONSENT ORDERS - Appeal against order - Stop Work Order - Development contrary to development consent Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Civil Procedure Act 2005 Interpretation Act 1987 Cases Cited: Bocce Pty Ltd v Woollahra Municipal Council [2013] NSWLEC124 Category: Principal judgment Parties: Bocce Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel Ms H Irish (Applicant) Solicitors Mr R Bennett, Pikes & Verekers Lawyers (Applicant) Mr K Webber, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 10396 of 2013