Master Alchemy Pty Ltd v Byron Shire Council and Anor [2021] NSWLEC 1311

Master Alchemy Pty Ltd v Byron Shire Council and Anor [2021] NSWLEC 1311

The parties' agreement was within the Court's powers under s 8.25(3) of the Environmental Planning and Assessment Act 1979 and s 34(3) of the Land and Environment Court Act 1979. The appeal was upheld and orders were made to direct the Council to issue a building information certificate, subject to provision of updated plans and certifications by the applicant.

Parties
Applicant: Master Alchemy Pty Ltd; First Respondent: Byron Shire Council; Second Respondent: Minister for Water, Property and Housing
Jurisdiction
Australia
Judgment Date
01 June 2021
Procedural Posture
Appeal Against Refusal of Building Information Certificate / Post Conciliation Conference Orders
Outcome
Appeal upheld
Legal Topics
Building Certificate Application, Jetty Structure on Crown Land, Section 8.25 Environmental Planning and Assessment Act 1979, Section 34 Land and Environment Court Act 1979
Environmental Law Planning Law Building Certificate Application Jetty Structure on Crown Land Section 8.25 Environmental Planning and Assessment Act 1979 Section 34 Land and Environment Court Act 1979

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Parties

Master Alchemy Pty Ltd

Applicant

Byron Shire Council

First Respondent

Minister for Water, Property and Housing

Second Respondent

Procedural Posture

Appeal Against Refusal of Building Information Certificate / Post Conciliation Conference Orders

Legal Issues

  1. 1 Whether the Court should direct the Council to issue a building information certificate subject to conditions for existing structures (timber deck, retaining wall, stairs) partly on Crown land

Ratio Decidendi

The parties' agreement was within the Court's powers under s 8.25(3) of the Environmental Planning and Assessment Act 1979 and s 34(3) of the Land and Environment Court Act 1979. The appeal was upheld and orders were made to direct the Council to issue a building information certificate, subject to provision of updated plans and certifications by the applicant.

Court Disposition

Appeal upheld

Orders

  • The Applicant is to provide to the First Respondent a copy of the required updated plans and certifications by 30 September 2021.
  • The appeal is upheld.