Michael Bald & Associates -v- Byron Council [1999] NSWLEC 78

Land and Environment Court of New South Wales CITATION: Michael Bald & Associates -v- Byron Council [1999] NSWLEC 78

PARTIES APPLICANT: Michael Bald & Associates

RESPONDENT: Byron Council

NUMBER: 10597 of 1998

CORAM: Lloyd J

KEY ISSUES: :- whether the Court on an appeal under the Environmental Planning & Assessment Act can exercise power under alternative legislation.

LEGISLATION CITED: whether the Court on an appeal under the Environmental Planning & Assessment Act can exercise power under alternative legislation.

DATES OF HEARING: 03/26/1999

DATE OF JUDGMENT DELIVERY: 04/08/1999

APPLICANT: J J Webster Solicitors: Harris Fiford Crane LEGAL REPRESENTATIVES: RESPONDENT: P C Tomasetti Solicitors: Wilshire Webb

JUDGMENT:

IN THE LAND AND Matter No: 10597/98 ENVIRONMENT COURT Coram: Lloyd J OF NEW SOUTH WALES Decision date:08/04/99

MICHAEL BALD & ASSOCIATES Applicant

v

BYRON SHIRE COUNCIL Respondent

JUDGMENT

HIS HONOUR:

1. This is the determination of questions of law pursuant to the Land & Environment Court Act 1979, s 36(5), which arose in proceedings being heard by a Commissioner. The Commissioner was hearing an appeal under the Environmental Planning & Assessment Act 1979, s 97, against the refusal of a development application for the erection of a mixed commercial and residential building to contain four residential units, nine shops and associated car parking.