NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: McIntosh v Byron Shire Council [2020] NSWLEC 1624 Hearing dates: Conciliation conference on 22 October 2020, 12 and 24 November 2020 Date of orders: 9 December 2020 Decision date: 09 December 2020 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) Pursuant to section 8.18 of the Environmental Planning and Assessment Act 1979, the Stop Use Order and the Demolish Works Order issued on 5 June 2020 is amended so that the Demolish Works Order is deleted, and the Stop Use Order is amended in accordance with the amended Order annexed hereto marked "A", noting that the Plans 1 of 3, 2 of 3 and 3 of 3 are Annexure A to the Stop Use Order dated 24 November 2020. Catchwords: DEVELOPMENT CONTROL ORDERS – demolition and stop use orders – conciliation conference – agreement between the parties – orders Legislation Cited: Byron Local Environmental Plan 1988 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Local Government Act 1993 Texts Cited: Byron Development Control Plan 2010 Category: Principal judgment Parties: Barry McIntosh (Applicant) Byron Shire Council (Respondent) Representation: Counsel: L Sims (Applicant) C Rose (Solicitor) (Respondent)
Solicitors: Stewart & Associates (Applicant) Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2020/197292 Publication restriction: No
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