Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27:

1. COMMISSIONER: On 31 August 2022, Connect Global Limited (the applicant in these proceedings) filed a Class 1 application in the Land and Environment Court appealing a development control order (DCO) issued by Port Stephens Council (Council). The DCO has the Council reference No 40-2022-70-2 and related to certain premises occupied by the applicant at Fisherman's Village Swan Bay. The DCO is a "stop use" order, pursuant to s 9.34 and ltem 1 of Pt 1, Sch 5 of the Environmental Planning and Assessment Act, 1979 (EPA Act), and requires the applicant to stop using the relevant premises for the purpose of a "transitional group home". The terms of the DCO are as follows:

Port Stephens Council (the "Council") orders Connect Global Pty Ltd as the occupier of the Premises to stop using the Premises for the purpose of a "transitional group home" and to only use the Premises for its approved use.

2. The premises are identified as:

Lots 2, 42,43, 3, 5, 6, 8, 9, 10, 11, 15, 17 , 18, 19, 20, 21, 22, 23, 26, 27, 29,30, 31 , 32, 33, 34, 35, 36, 37, 38 in DP285220, Old Punt Road, Swan Bay.

Background

3. The applicant's appeal against the DCO was initially heard by the Court over four hearing days concluding on 1 July 2024, with written submissions filed on 23 July 2024. The DCO appeal was heard together with an appeal (filed by the same applicant), against the refusal (by the same respondent) of a development application (DA) seeking development consent for the transitional group home. The outcome of the hearing at that point is documented in a judgement of the Court handed down on 11 October 2024 (Connect Global Limited v Port Stephens Council [2024] NSWLEC 1637). Additional background material relating to the matter is available in this judgement.

4. With respect to the DA appeal, the Court made orders granting a two year time limited consent, including a requirement for certain pre-requisites to be completed prior to the issue of an occupation certificate (OC). With respect to the DCO appeal, orders were made to adjourn the hearing, pending the issue of the OC pertaining to the above development consent. The point of my orders with respect to the DCO were to provide for some assurance as to the completion of important pre-requisites (pre-emptors for the operation of the development) prior to the lifting of the DCO. At the time, there was a fairly short time horizon identified for the completion of these pre-requisites.

5. Since then, the DCO appeal has remained in abeyance, with four further listings (either in-person via AVL or through Online Court (OLC)) in relation to the status of relevant pre-requisites to the issue of the OC.

6. Most recently, and in accordance with Court orders made 20 March 2025, the DCO proceedings resumed for mention on 7 April 2025 via Audio Visual Link (AVL). The respondent appeared but there was no appearance on behalf of the applicant and the hearing was further adjourned.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1970a934400a99bace290df1)

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