Waverley Council v Ash Samadi and Ors

[2020] NSWLEC 67

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

1. Environment and Planning
2. › validity of development control order
3. › manner of service
4. › s 10.11 Environmental Planning and Assessment Act 1979
5. › email service arrangements can be indicated by conduct of parties
6. › stop work order was served and was effective
1. Environment and Planning
2. › validity of development control order
3. › adequacy of time for compliance with stop work order
4. › schedule 5, clause 27 Environmental Planning and Assessment Act 1979
5. › determination of a “reasonable period” for compliance is an objective question of fact
6. › circumstances of previous stop work order are relevant
7. › if stop work order maintains current state of affairs compliance forthwith is not an unreasonable period
8. › immediate compliance not limited to clause 27(2)
1. Environment and Planning
2. › validity of development control order
3. › adequacy of reasons
4. › read as a whole the reasons are more than a recitation of the circumstances that enliven the power to issue an order
5. › in any case they could comprise adequate reasons
1. Environment and Planning
2. › validity of development control order
3. › whether factual foundation to enliven power to issue
4. › Council had sufficient factual foundation