Codlea Pty Ltd v Byron Shire Council

Codlea Pty Ltd appealed to the New South Wales Court of Appeal against a decision of the Land and Environment Court which refused development consent for a subdivision of land. The appeal was heard concurrently with an application for leave to appeal.

The primary legal issues before the Court of Appeal concerned the construction of a clause within the relevant Local Environmental Plan and the power of the Land and Environment Court to utilise section 39(2) of the *Land and Environment Court Act 1979* to grant a council's agreement under that Local Environmental Plan.

The Court of Appeal considered the meaning and effect of the relevant clause in the Local Environmental Plan and the scope of the Land and Environment Court's powers under section 39(2) of the Act. The Court determined that the Land and Environment Court did not have the power to give the Council's agreement under the Local Environmental Plan in the manner sought by the appellant.

Leave to appeal was granted on the undertaking of the appellant to pay the filing fee, but the appeal itself was dismissed with costs.