Canplay Pty Ltd v Eurobodalla Shire Council [2026] NSWLEC 1391
Before: Porter C · NSW Land and Environment Court
Summary
DEVELOPMENT CONTROL ORDER — Building Information Certificate — conciliation conference — agreement between the parties — orders
Catchwords
DEVELOPMENT CONTROL ORDER — Building Information Certificate — conciliation conference — agreement between the parties — orders
Outcome
The Court orders: In the matter of 2025/330871: (1) The appeal is upheld. (2) The orders in Development Control Order ENF0027/25 issued to Canplay Pty Ltd by Eurobodalla Shire Council and dated 1 August 2025 pursuant to s 9.34 and Pt 1 of Sch 5 of the Environmental Planning and Assessment Act 1979 (NSW) be substituted with the Development Control Order at Annexure A, pursuant to s 8.18(4)(a) and (c) of the Environmental Planning and Assessment Act 1979 (NSW). In the matter of 2025/330872: (1) The appeal is upheld. (2) The Respondent is directed pursuant to s 8.25(3)(a) of the Environmental Planning and Assessment Act 1979 (NSW) to issue a Building Information Certificate for that part of the beach access stairs and pathway structure shown in orange (and excluding the area shown hatched in red) on the survey plan dated 11 June 2025 at Annexure B, that was the subject of Building Information Certificate Application number BIC – C0104/25 lodged on the NSW Planning Portal on 12 June 2025. In the matter of 2023/330873: (1) The appeal is upheld. (2) The Respondent is directed pursuant to s 8.25(3)(a) of the Environmental Planning and Assessment Act 1979 (NSW) to issue a building information certificate for the coastal cliff retaining walls the subject of Building Information Certificate Application number BIC – C0105/25 lodged on the NSW Planning Portal on 12 June 2025.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), Div 6.7, ss 1.4, 6.26, 8.18, 8.25, 9.34, Sch 5 Pt 1 Land and Environment Court Act 1979 (NSW), s 34
Read the full judgment
Authoritative text on NSW Caselaw · ~7k words
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