NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Alstonville Agricultural Society Inc v Ballina Shire Council [2024] NSWLEC 1250 Hearing dates: Conciliation conference on 30 April 2024 Date of orders: 15 May 2024 Decision date: 15 May 2024 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The appeal is upheld. (2) The development control order dated 21 September 2023 issued by the Respondent to the Applicant, pursuant to Division 9.3 and Schedule 5 of the Environmental Planning and Assessment Act 1979 in respect of the premises identified as Lot 2 DP 1031929 known as 22-40 Commercial Road, Alstonville, is modified pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979. The order, as modified, is set out in Annexure A. Catchwords: DEVELOPMENT CONTROL ORDER – stock yard – conciliation conference – amended order – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 s 8.18, Sch 5, Pt 1 Land and Environment Court Act 1979 s 34 Category: Principal judgment Parties: Alstonville Agricultural Society Inc (Applicant) Ballina Shire Council (Respondent) Representation: Counsel: J Marquet (Solicitor) (Applicant) S Simington (Solicitor) (Respondent)
Solicitors: McCartney Young Lawyers (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2023/316877 Publication restriction: Nil
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