Zimmer-Gembeck v Byron Shire Council [2022] NSWLEC 1109

Zimmer-Gembeck v Byron Shire Council [2022] NSWLEC 1109

The appeal is upheld and the Development Control Order revoked because the parties' agreement satisfied jurisdictional prerequisites for revocation and the approval of the Building Information Certificate addressed substantive issues.

Jurisdiction
Australia
Judgment Date
03 March 2022
Procedural Posture
Appeal / Judgment Following Conciliation Conference
Outcome
Appeal upheld; Development Control Order revoked; No order as to costs.
Legal Topics
['development Control Order' 'building Information Certificate' 'appeal' 'conciliation Conference']
['administrative Law' 'planning and Environment Law'] ['development Control Order' 'building Information Certificate' 'appeal' 'conciliation Conference']

Case Brief

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Procedural Posture

Appeal / Judgment Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the jurisdictional prerequisites under s 8.18 of the EPA Act are satisfied for revoking the development control order' "Whether the parties' agreement is a decision that the Court could have made"]

Ratio Decidendi

The appeal is upheld and the Development Control Order revoked because the parties' agreement satisfied jurisdictional prerequisites for revocation and the approval of the Building Information Certificate addressed substantive issues.

Court Disposition

Appeal upheld; Development Control Order revoked; No order as to costs.

Orders

  • ['The appeal is upheld.' 'The Development Control Order No. 10 issued to the Applicant on 17 September 2021 by Byron Bay Shire Council in relation to lot 6 in SP 68222, known as 6/102-104 Centennial Circuit Byron Bay 2481 is revoked.' 'There is no order as to costs.']