Hewit v Port Stephens Council [2026] NSWLEC 1368
Before: Porter C · NSW Land and Environment Court
Summary
This appeal is about whether an order should be revoked or modified for a partially burnt dwelling on a residential property in Nelson Bay. The Applicant, Mr Alan Hewit (Mr Hewit) commenced Class 1 proceedings pursuant to s 8.18 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act). The Development Control Order to demolish works was issued on 1 August 2025 by Port Stephens Council (Order).
Catchwords
APPEAL – development control order – demolish works order – fire damaged dwelling – is or is likely to become a danger to the public – modify order – repair order
Outcome
The Court orders: (1) The appeal is upheld. (2) The Development Control Order dated 1 August 2025 is modified pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979 (NSW) in accordance with the Development Control Order at Annexure A (3) The exhibits are retained.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 1.4, 8.18, 9.34, 29, Sch 5, Pt 1, Pt 4, cll 2, 4, 5, Pt 5, cll 6, 7, Pt 6, cll 8, 9, Pt 7 Land and Environmental Court Act 1979 (NSW), ss 17, 39 Land and Environment Court Rules 2007, cl 3.7
Read the full judgment
Authoritative text on NSW Caselaw · ~62k words
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