Court rules in favour of Ballina Shire Council in Homeworld appeal
The Land and Environment Court of NSW has dismissed an appeal against Ballina Shire Council’s 2007 rezoning of land to extend the Southern Cross Industrial Estate.
The action taken against the council by Homeworld Ballina Pty Limited was based on the assertion that the public exhibition of draft Local Environmental Plan (Amendment No 95) was misleading.
Homeworld claimed that the rezoning proposal did not make it clear that bulky goods retailing was a permissible use with development consent in the proposed Industrial Zone.
Justice Sheahan in his judgment rejected the argument by Homeworld and ruled that the council’s exhibition of the draft LEP complied with the requirements of the Environmental Planning & Assessment Act 1979 and that all material placed on public exhibition was clear, comprehensive and not misleading.
The LEP amendment was upheld, Homeworld’s case was dismissed and Ballina Shire Council was awarded its legal costs.
Council’s Acting General Manager, Mr Rod Willis, said the council was pleased with the decision as it vindicated the council’s rezoning processes which follow correct procedures.
