Wookey v Byron Shire Council [2022] NSWLEC 1650

Land and Environment Court New South Wales

Medium Neutral Citation: Wookey v Byron Shire Council [2022] NSWLEC 1650 Hearing dates: 2 November 2022 Date of orders: 25 November 2022 Decision date: 25 November 2022 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is dismissed. (2) Order No. 1 in Schedule 5 of the Environmental Planning and Assessment Act 1979 requiring the Applicant to stop use of the cabin located on Lot 2 in Deposited Plan 208063 Skyline Road Middle Pocket NSW dated 18 January 2022 is confirmed. (3) All exhibits are retained. Catchwords: STOP USE ORDER – use of residential cabin without development consent Legislation Cited: Byron Local Environmental Plan 1988 Byron Local Environmental Plan 2014 Conveyancing Act 1919, s 88B Environmental Planning and Assessment Act 1979, ss 4.65, 4.66, 4.68, 8.18, 9.34, Sch 5 Interim Development Order No. 1 – Byron Shire Council 1968 Land and Environment Court Act 1979, ss 17, 39, 63 Local Government Act 1993 National Parks and Wildlife Act 1974 Rural Fires Act 1997 Cases Cited: Auburn Council v Nehme (1999) 106 LGERA 19; [1999] NSWCA 383 Penrith Waste Services Pty Ltd v Penrith City Council (1998) 101 LGERA 98 Texts Cited: Building Code of Australia Byron Development Control Plan 2010 Byron Development Control Plan 2014 NSW Rural Fire Service: Planning for Bushfire Protection (2019) Category: Principal judgment Parties: Robin Wookey (Applicant) Byron Shire Council (Respondent) Representation: Counsel: B Webster (Agent) (Applicant) C Rose (Solicitor) (Respondent)