Roden v Bandora Holdings Pty Ltd [2016] NSWCA 220

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Roden v Bandora Holdings Pty Ltd [2016] NSWCA 220 Hearing dates: 11 August 2016 Decision date: 24 August 2016 Before: McColl JA at [1]; Basten JA at [2]; Payne JA at [64] Decision: (1) Allow the appeal from the judgment of the Land and Environment Court given on 7 December 2015.

(2) Set aside orders 1-3 made by the Land and Environment Court and in place thereof:

(a) declare that the development consent 10.2014.230.1 dated 13 October 2014 given by the Byron Shire Council to the first respondent is invalid and of no effect; (b) order that the first respondent (Bandora Holdings Pty Ltd) pay the appellant's costs of the proceedings in the Land and Environment Court.

(3) Order that the first respondent (Bandora Holdings Pty Ltd) pay the costs of the appellant in this Court.

(4) Grant the first respondent a certificate under the Suitors' Fund Act 1951 (NSW), if not disqualified.

(5) Remit the matter to the Land and Environment Court for the purpose of any application for relief consequential on order (2)(a) above. Catchwords: APPEAL – civil – error of law – construction of environmental planning instrument – whether proposed development prohibited

ENVIRONMENT AND PLANNING – development application – rural tourist facility – whether wedding function venue permissible use – "tourist facilities" prohibited development – "rural tourist facility" innominate permissible use – whether definition of "tourist facility" exclusive of "rural tourist facility"