Spedding Estates Pty Ltd v Tweed Shire Council [2023] NSWLEC 14

Land and Environment Court New South Wales

Medium Neutral Citation: Spedding Estates Pty Ltd v Tweed Shire Council [2023] NSWLEC 14 Hearing dates: 23 February 2023 Date of orders: 27 February 2023 Decision date: 27 February 2023 Jurisdiction: Class 1 Before: Pritchard J Decision: The Court orders that: (1) the development control order, given by the respondent to the applicant on 19 August 2022, being order numbered 1 under Schedule 5 to the Environmental Planning and Assessment Act 1979 (NSW) relating to land located at 47 Hindmarsh Road, Nunderi, NSW 2482, being Lot 3 in DP 582718 (the property) and requiring the applicant to stop using the property and/or any building on the property for the use of weddings and/or functions is partially stayed such that the property may be used for weddings and/or functions which had been booked for the following dates: (a) 3 March 2023; (b) 4 March 2023; (c) 10 March 2023; (d) 18 March 2023; (e) 24 March 2023; and (f) 31 March 2023. (2) Costs of the notice of motion are reserved. Catchwords: INTERLOCUTORY ORDERS – stay of development control order – stop use – use not in accordance with development consent –– appeal against order – stay of order to allow limited use – partial stay granted Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), ss 8.7(1), 8.17, 8.18, 9.34, Sch 5 Land and Environment Court Act 1979 (NSW), ss 22, 24, 34 Land and Environment Court Rules 2007 (NSW) Tweed Local Environmental Plan 2014 Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 CVA Apartments Pty Ltd v Burwood Hotel [2020] NSWLEC 11 Foodbarn Pty Ltd v Solicitor-General (1975) 32 LGRA 157 Malass v Strathfield Municipal Council [2020] NSWLEC 168 Marshall Rural Pty Limited v Hawkesbury City Council and Ors [2015] NSWLEC 197 Snowy Monaro Regional Council v Cmunt (No 3) [2018] NSWLEC 175 Sydney Tools Pty Ltd v Oxford [2018] NSWLEC 134 Young v King (No 10) [2016] NSWLEC 70 Category: Procedural rulings Parties: Spedding Estates Pty Ltd (Applicant) Tweed Shire Council (Respondent) Representation: Counsel: P Tomasetti SC (Applicant) H Irish (Respondent)