Lismore Venture Pty Ltd v Byron Shire Council [2020] NSWLEC 1299

Land and Environment Court New South Wales

Medium Neutral Citation: Lismore Venture Pty Ltd v Byron Shire Council [2020] NSWLEC 1299 Hearing dates: Conciliation conference on 26 June 2020 Date of orders: 15 July 2020 Decision date: 15 July 2020 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) Leave is granted to the Applicant to rely upon the amended plans listed in Condition 1 at Annexure 'A'. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 , the Applicant is to pay the costs of the Respondent that were thrown away as a result of amending the development application in the amount of $6,800, those costs being payable within 28 days of the date of these Orders. (3) The appeal in respect of the property known as 6 Julian Rocks Drive, Byron Bay is upheld. (4) Development Application 10.2019.458.1 for the demolition of existing structures and construction of a multi dwelling housing development consisting of 6 two storey, two bedroom townhouses, with 6 car spaces and associated landscaping at 6 Julian Rocks Drive, Byron Bay, is approved subject to the conditions at Annexure "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Byron Local Environmental Plan 2014 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No 55—Remediation of Land Category: Principal judgment Parties: Lismore Venture Pty Ltd (Applicant) Byron Shire Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) C Rose (Solicitor) (Respondent)