Hermes Nominees Pty Ltd trading as Tarra Motors v Bega Valley Shire Council [2023] NSWLEC 1465

Land and Environment Court New South Wales

Medium Neutral Citation: Hermes Nominees Pty Ltd trading as Tarra Motors v Bega Valley Shire Council [2023] NSWLEC 1465 Hearing dates: Conciliation conference 16 August 2023 Date of orders: 18 August 2023 Decision date: 18 August 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Applicant is granted leave to rely upon the supplementary and amended material identified in Annexure 'A'. (2) The appeal is upheld. (3) The Occupation Certificate for application No. CFT-178016, for the occupation of part of the building located at Lot 1 DP 1077434 otherwise known as 1 Corkhill Place, Bega, NSW, comprising the automotive workshop for vehicle repairs is issued in accordance with Annexure 'B' Catchwords: APPEAL – occupation certificate for vehicle repair station – occupation certificate for part of development – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 6.5, 6.10, 8.16 Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, Pt 5, Div 2, ss 41, 42 Land and Environment Court Act 1979, ss 34, 39 Texts Cited: Australian Building Codes Board, Building Code of Australia Category: Principal judgment Parties: Hermes Nominees Pty Ltd trading as Tarra Motors (Applicant) Bega Valley Shire Council (Respondent) Representation: Counsel: J Smith (Applicant) S Kondilios (Solicitor) (Respondent)