O’Neill v Canterbury-Bankstown Council [2026] NSWLEC 1412
Before: Gray C · NSW Land and Environment Court
Summary
This appeal concerns a development control order issued by Canterbury-Bankstown Council on 8 August 2025 (the order). The order was issued 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 in Pt 1 of Sch 5 of the EPA Act. The order is a stop work order, issued pursuant to Item 2 of Pt 1 of Sch 5, concerning the carrying out of building work at 2 Ellesmere Street, Panania.
Catchwords
APPEAL – development control order – stop work order – conciliation conference – agreement reached – orders made
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), Development Control Order dated 8 August 2025 issued by the Respondent to the Applicant is modified as shown in Annexure A and issued in the form annexed and marked Annexure B.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), Div 9.3, ss 8.18, 9.34, Pt 1 Sch 5 Land and Environment Court Act 1979 (NSW), s 34
Read the full judgment
Authoritative text on NSW Caselaw · ~6k words
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