Hill v Upper Hunter Shire Council [2026] NSWLEC 1262
Before: Walsh C · NSW Land and Environment Court
Summary
This appeal concerns a development control order issued by the respondent (Upper Hunter Shire Council (Council)) on 2 October 2025. The order was issued to Andrew Hill and Karen Gay (applicants) pursuant to s 9.34(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), which allows a development control order to be given in accordance with the table to Part 1 of Schedule 5 to the EPA Act. The order is a stop use order.
Catchwords
APPEAL — development control order — conciliation conference — agreement reached — order modified
Outcome
The Court orders that: (1) The appeal is upheld. (2) Pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979 (NSW), the development control order issued by the respondent on 2 October 2025 to the first and second applicants is modified in the terms set out in the modified development control order at Annexure “A”.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 8.18, 9.34, 9.35, Sch 5 Pt 1 Land and Environment Court Act 1979 (NSW), s 34
Read the full judgment
Authoritative text on NSW Caselaw · ~8k words
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