Complex Field Pty Limited v Ballina Shire Council [2016] NSWLEC 1239

Land and Environment Court New South Wales

Medium Neutral Citation: Complex Field Pty Limited v Ballina Shire Council [2016] NSWLEC 1239 Hearing dates: 8 June 2016 Date of orders: 14 June 2016 Decision date: 14 June 2016 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: subdivision, whether conditions requiring restriction as to user should be imposed Legislation Cited: Land and Environment Court Act 1979; Ballina Local Environmental Plan 2012; State Environmental Planning Policy No. 71 – Coastal Protection; Coastal Protection Act, 1979; Environmental Planning and Assessment Act 1979; State Environmental Planning Policy (Exempt and Complying Development 2008) Cases Cited: MacDonald v Mosman Council [1999] NSWLEC 215 Texts Cited: Ballina Development Control Plan 2012; Building Code of Australia Category: Principal judgment Parties: Complex Field Pty Limited (Applicant)

Ballina Shire Council (Respondent) Representation: Counsel: Mr T Hale SC (Applicant) Mr M Seymour (Respondent)

Solicitors: Bilbie Dan (Applicant) C H Law (Respondent) File Number(s): 2016/159728 (Formerly 2015/11063)

Judgment 1. Complex Field Pty Ltd lodged Development Application DA 2015/377 with Ballina Shire Council on 28 July 2015 seeking consent to subdivide two adjoining allotments to create four lots. The Council refused consent and Complex Field is appealing that decision. 2. The matter commenced as a conciliation conference with agreement in principle reached to the subdivision however no agreement was reached regarding consent conditions. The conciliation conference was terminated and the matter is now the subject of a hearing pursuant to the provisions of Section 34(4)(b) of the Land and Environment Court Act 1979. 3. The particular condition in dispute, condition 16, requires the registration of a restriction to user on each of the four lots. The applicant opposes that condition and it is this issue that is before the Court.