Event and Time
Event Description
- This case involves an appeal related to Development Control Order (DCO) No 10 issued by the Respondent concerning unlawful building works conducted at 39 Quondolo Street, Pambula.
- The appeal arose from a modification to the compliance period of the DCO initially established on 26 July 2023 and subsequently modified on 21 August 2023.
Application and Claims
- The parties presented their cases at a conciliation conference under the Land and Environment Court Act 1979.
- The Applicants sought a modification of the period for compliance with the DCO, while the Respondent's position involved enforcing the original terms of the DCO.
Judicial Decisions
- The Court upheld the appeal, modifying the compliance period for the DCO under s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979 to a new deadline of 28 days following the Court’s order.
Dispute Points and Legal Basis
Dispute Points
- Applicants’ Claims:
- The Applicants contended that the original compliance period was unreasonable due to the complexity of the restoration works. - They sought the modification of the DCO compliance period, asserting that they planned to lodge a development application (DA) and Building Information Certificate application (BICA) to regularize the renovations.
- Respondent’s Arguments:
- The Respondent maintained the position that the DCO provisions must be adhered to and saw the original timeline as necessary to ensure compliance with local planning regulations.
- Conciliation Agreement:
- Both parties reached an agreement during the conciliation conference regarding the modification of the compliance timeline.