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ARTICLE · 19 MAY 2017

What happens if consent for development is granted where it is not required?

Holding Redlich
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This note confirms how the hierarchy of environmental planning instruments interplay when multiple EPIs apply to land.

AustraliaReal Estate and Construction
Rebecca Hiscock (Formerly With Holding Redlich)
Rebecca Hiscock (Formerly With Holding Redlich)
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In the recent decision in Butler Street Community Network Incorporated v Northern Region Joint Regional Planning Panel [2017] NSWLEC 51, the Land and Environment Court (Court) had to determine whether consent granted for development not requiring consent was invalid. The Court also had to consider whether it has jurisdiction, where the majority of the development is permissible without consent. This case note confirms how the established hierarchy of environmental planning instruments (EPIs) interplay when multiple EPIs apply to land, and looks at the Court's jurisdiction to determine applications.

Background

The Northern Region Joint Regional Planning Panel (Panel) granted consent to a development application by GHD Pty Ltd, lodged on behalf of Byron Bay Shire Council (Council), for the upgrade of the Byron Bay Bypass within the Byron Bay township (DA). A portion of the bypass will pass through wetlands to which the State Environmental Planning Policy No 14 -

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