Metrocorp Projects (Aust) Pty Ltd v Byron Shire Council [2022] NSWLEC 1294

Metrocorp Projects (Aust) Pty Ltd v Byron Shire Council [2022] NSWLEC 1294

The order is revoked as all contentions have been resolved by the grant of development consent and the decision is one the Court may properly make under s 8.18(4)(a) of the EPA Act.

Parties
Applicant: Metrocorp Projects (Aust) Pty Ltd; Respondent: Byron Shire Council
Jurisdiction
Australia
Judgment Date
03 June 2022
Procedural Posture
Appeal Against Development Control Order / Disposal of Proceedings Following Conciliation Conference
Outcome
Appeal upheld. Development control order revoked. No order as to costs.
Legal Topics
Development Control Order, Stop Use Order, Appeal, Conciliation Conference, Revocation of Order
Planning Law Environmental Law Development Control Order Stop Use Order Appeal Conciliation Conference Revocation of Order

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Parties

Metrocorp Projects (Aust) Pty Ltd

Applicant

Byron Shire Council

Respondent

Procedural Posture

Appeal Against Development Control Order / Disposal of Proceedings Following Conciliation Conference

Legal Issues

  1. 1 Whether the development control order (Order No. 1) issued by Byron Shire Council should be revoked following resolution of all contentions by grant of development consent

Ratio Decidendi

The order is revoked as all contentions have been resolved by the grant of development consent and the decision is one the Court may properly make under s 8.18(4)(a) of the EPA Act.

Court Disposition

Appeal upheld. Development control order revoked. No order as to costs.

Orders

  • The appeal is upheld.
  • Pursuant to s 8.18(4) of the Environmental Planning and Assessment Act 1979, the development control order, "Order No. 1", dated 31 August 2021 and given by the Respondent pursuant to section 9.34 and Schedule 5 of the Environmental Planning and Assessment Act 1979 to the Applicant, is revoked.