MacMahon v Richmond Valley Council [2026] NSWLEC 1350
Before: Espinosa C · NSW Land and Environment Court
Summary
DEVELOPMENT CONTROL ORDER APPEAL –demolish and restore order – no appearance by Applicant – works not exempt – BCA compliance - change of use to office premises is development that is permissible with consent – revocation of restore order - substituted stop use order – modified demolish order - orde
Catchwords
DEVELOPMENT CONTROL ORDER APPEAL –demolish and restore order – no appearance by Applicant – works not exempt – BCA compliance - change of use to office premises is development that is permissible with consent – revocation of restore order - substituted stop use order – modified demolish order - orders
Outcome
The Court orders: (1) The appeal is upheld. (2) That Development Control Order (Restore Works Order No. 10) issued by the Respondent on 19 June 2025 in respect of Lot 1 in Deposited Plan 232286 known as 98A Walker Street, Casino, is revoked pursuant to s 8.18(4)(a) of the Environmental Planning and Assessment Act 1979 (NSW) and substituted with Development Control Order (Stop Use Order No. 1) in accordance with Annexure A pursuant to s 8.18(4)(c) of the Environmental Planning and Assessment Act 1979 (NSW). (3) That the Development Control Order (Demolish Works Order No. 3) issued by the Respondent on 19 June 2025 in respect of Lot 1 in Deposited Plan 232286 known as 98A Walker Street, Casino, is modified in accordance with Annexure A, pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979 (NSW). (4) All Exhibits are retained.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 1.4, 1.5, 8.18, 9.34, 10.11, Sch 5 Pt 1 Land and Environment Court Act 1979 (NSW), s 34 Local Government Act 1993 (NSW) Richmond Valley Local Environmental Plan 2012 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Read the full judgment
Authoritative text on NSW Caselaw · ~35k words
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