THE ONGOING battle to sell land on the controversial Ocean Shores Roundhouse site continues after the Land Environment Court continued an injunction applied for by the Ocean Shores Community Association.
Byron Shire Council will now have to foot the bill of the continuing battle in a hearing scheduled for the week of October 19.
The Ocean Shores Community Association OSCA argued that the council had amended the local environment plan LEP to allow it to sell off 11 lots on the Orana Rd site from community land to operational.
OSCA president Jan Mangleson said the sale of the land, which she claimed was incorrectly reclassified from community to operational, was against the law.
Today, Justice Nicola Hope Margaret Pain continued the injunction against the sale of the land.
In September, the 11 lots were sold by the Professionals at Brunswick Heads and contracts exchanged.
In Justice Pain’s judgement she noted that council said ‘if the injunction continues as the sales will not be able to be completed by the council by 20 October 2015.’
In making her determination, Justice Pain said she considered all the evidence, the chronology of events, precedents, the balance of convenience, the delay of the application by OSCA, the public interest about the sale and the impact on those who purchased land.
“Considering all these factors in a finely balanced exercise I conclude that I will continue the interlocutory injunction made on 12 October 2015,” Justice Pain wrote in her determination.
The Northern Star is seeking a response from council.