NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Retast Pty Ltd v Bega Valley Shire Council [2024] NSWLEC 1196 Hearing dates: Conciliation Conference 4 and 21 March 2024 Date of orders: 18 April 2024 Decision date: 18 April 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, the Court modifies the period for compliance in Development Control Order No 10 issued by the Respondent to the Applicants on 26 July 2023 (as modified on 21 August 2023) as follows, and as shown on Annexure A: "Period for Compliance with this Order: This Order must be complied with no later than 28 days after the date of the Court's order in Proceedings 2023/267001". Catchwords: APPEAL – development control order – modification of time for compliance - conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.18, 9.34, Sch 5 Pt 1 cl 10, Pt 10 cl 22 Land and Environment Court Act 1979, s 34 Category: Principal judgment Parties: Retast Pty Ltd ACN 061 056 086 (First Applicant) Mottisfont Pty Ltd ACN 078 233 208 (Second Applicant) Bega Valley Shire Council (Respondent) Representation: Counsel: A Hannam (Solicitor)(Applicant) A Mehyhart (Solicitor)(Respondent)
Solicitors: Johnson Winter Slattery (Applicant) BAL Lawyers (Respondent) File Number(s): 2023/267001 Publication restriction: No
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