Planners North v Ballina Shire Council [2014] NSWLEC 1271

Land and Environment Court New South Wales

Medium Neutral Citation: Planners North v Ballina Shire Council [2014] NSWLEC 1271 Hearing dates: 10 October 2014 Decision date: 10 October 2014 Jurisdiction: Class 1 Before: Moore SC Decision: Consent orders to be made when electronic copy of proposed orders are provided to the Court Catchwords: CONSENT ORDERS Category: Principal judgment Parties: Planners North (Applicant) Ballina Shire Council (Respondent) Representation: Counsel: Mr M Young, solicitor (Applicant) Ms Huegill, solicitor (Respondent)

Solicitors: McCartney Young Lawyers (Applicant) CH Law (Respondent) File Number(s): 10669 of 2014

Judgment 1. SENIOR COMMISSIONER: There not being any matters of contention pressed by the council concerning the non-compliance with the provisions of the Development Control Plan, and the council being satisfied, as the consent authority, that it is appropriate for any departures from the Development Control Plan, such as non-compliance with the foreshore building line, are appropriate to be permitted in the circumstances of this application, I am satisfied that it is appropriate to make the consent orders sought and I do so. 2. The preparation of them electronically and uploading to e-Court may not occur until early next week, but they will be dated today. Tim Moore Senior Commissioner

********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 20 February 2015