Australia, Sept. 10 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 11:

1. COMMISSIONER: This judgment deals with the following two appeals:

1) Proceedings 2023/192915 (DA Proceedings) - an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the respondent's refusal of Development Application No DA/22/0601 (Development Application) seeking consent for the continued use of various buildings/structures on land identified as Lot 34 DP 755714 and Lot 3 DP 1264574, known as 2956 Kyogle Road, Kunghur (Subject Land). Consent for use is sought for farm buildings as storage and carport.

2) Proceedings 2023/193058 (BIC Proceedings) - an appeal pursuant to s 8.25 of the EPA Act against the respondent's refusal of Building Information Certificate (BIC) Application No. BC22/0058 (BIC Application), seeking to regularise various buildings which have been constructed on the Subject Land. The appeal was lodged on 18 June 2023. The BIC is sought for Buildings I-P (downtown), 3 (Kitchen & office), Z (lab building), X (security), and 6a (retaining walls).

2. The Court has power to dispose of these proceedings under its Class 1 jurisdiction pursuant to s 17(d) of the Land and Environment Court Act 1979 (NSW) (LEC Act).

3. In the course of the hearing of the appeal, the Court exercised the functions of the consent authority pursuant to s 38(2) of the Environmental Planning and Assessment Regulation 2021 (NSW) (EPA Regulation 2021) to approve amendments to the Development Application. Further, as part of this judgement, I grant further leave to the Applicant to amend their Development Application to include the Emergency Management Plan dated 20 June 2025.

4. Consistent with the decision of the Court in Scarf v Shoalhaven City Council [2021] NSWLEC 128 ('Scarf') the Court does not have jurisdiction to amend or modify the BIC Application.

Background

5. Both proceedings relate to Class 4 proceedings which were commenced by the Respondent. Judgment was handed down by Pain J in the Class 4 Proceedings on 11 July 2023 in Tweed Shire Council v Cooke [2023] NSWLEC 73 (Tweed v Cooke). The Class 4 Proceedings are relevant as the only matter in the two appeals that remains in dispute between the parties is the timing of a demolition condition proposed for the DA Proceedings, that being Condition 22.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19872e92e56b80783f9b2c31)

Disclaimer: Curated by HT Syndication.