Byron Shire Council has won a Land and Environment Court (L&EC) case against Middle Pocket landowner, Robert Wookey, whose holiday letting operation was shut down in late 2024.
The decision on December 9, 2025 was handed down by J Duggan, and follows a 15 November 2024 court decision where Council successfully obtained urgent interlocutory injunctions to halt short-term tourist rentals of unauthorised buildings on a remote, heavily vegetated and steep property on Skyline Road, Middle Pocket.
Council at the time argued there were safety risks amid the bushfire season.
In May 2025, the L&EC granted a restraint order limiting use of buildings for tourist and visitor accommodation unless consent was granted, leaving only costs to be determined.
The December 9 decision ordered that the first respondent (Wookey) pay Council’s costs of the proceedings and the hearing, but made no order as to costs between the Council and the second respondent, Benjamin Webster.
Council’s legal team sought a gross sum costs order, supported by an affidavit from its solicitor, quantifying costs at about $77,000, and Council abandoned any claim for indemnity costs, instead seeking ordinary basis costs.
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