Pascoe v Byron Shire Council [2023] NSWLEC 1091

Land and Environment Court New South Wales

Medium Neutral Citation: Pascoe v Byron Shire Council [2023] NSWLEC 1091 Hearing dates: Conciliation conference 28 February 2023 Date of orders: 28 February 2023 Decision date: 28 February 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Each party is to pay its own costs. (3) The Demolish Works Order contained in the Development Control Order issued by the Respondent to the First Applicant and Second Applicant under section 9.34 and Schedule 5 of the Environmental Planning and Assessment Act 1979 dated 12 April 2022 ("the Order") in relation to the premises at Lot 5 DP 259954, 484 Upper Wilsons Creek Road, Upper Wilsons Creek 2482 is revoked. (4) The Stop Use Order contained in the Order is modified as follows: "1. Stop Use of the unapproved guest house as per the building located to the east of the principal dwelling on the land and depicted in this order as floor plan ("A") for the purpose of a dwelling house or for any other purpose otherwise than in accordance with a lawfully granted development consent or approval (where development consent or an approval is required for that use)". Catchwords: APPEAL – development control order – stop use order – demolish works order – conciliation conference – agreement reached – order modified Legislation Cited: Byron Local Environmental Plan 2014 Environmental Planning and Assessment Act 1979, Div 9.3, ss 8.18, 9.34, Pt 1 Sch 5 Land and Environment Court Act 1979, s 34 Category: Principal judgment Parties: John Pascoe (First Applicant) Gaynor Pascoe (Second Applicant) Byron Shire Council (Respondent) Representation: Counsel: M Young (Solicitor) (Applicant) D Baird (Solicitor) (Respondent)