Chase Bangalow Developments Pty Ltd v Ballina Shire Council [2026] NSWLEC 1223
Before: O’Neill C · NSW Land and Environment Court
Summary
This is an appeal pursuant to the provisions of s 8.9 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of Modification Application No 2006/12.5 (the application) to modify Development Consent No 2006/12 to extend the carpark, revegetate areas on the site, and to carry out minor alterations and additions to Building 1 (the proposal), relating to 19 Old Pacific Highway, Newrybar (Lot 3 DP 569455) (the site), by Ballina Shire Council (the Council). Developme
Catchwords
DEVELOPMENT APPLICATION — conciliation conference — agreement between the parties — orders
Outcome
The orders of the Court are: (1) The appeal is upheld. (2) Development consent DA 2006/12.5 is modified in the terms in Annexure A. (3) Development consent DA 2006/12.5 as modified by the Court is Annexure B.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.55, 8.9 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), s 113
Read the full judgment
Authoritative text on NSW Caselaw · ~6k words
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