Charara v Kuring-gai Council - Limitations on development control orders in NSW

In brief - in a recent decision the Land and Environment Court held that a Council could not unilaterally determine a development consent had lapsed and consequently issue stop work orders

In Charara v Kuring-gai Council [2019] NSWLEC 183 the Court held that its Class 1 jurisdiction is limited to merits review in nature and restricts the range of issues capable of being raised. If the stop work orders relied on a legal premise that the development consents were invalid, the proper course in this case was for Council to first seek a declaration from the Court that the development consents were invalid and then bring compliance action to prevent unauthorised work.

Background

Kuring-gai Shire Council (Council) issued a Stop Work Order (Order) to Charara prohibiting the removal of trees or building work on the basis that the development consents had lapsed.