Mercato on Byron Pty Ltd v Byron Shire Council [2020] NSWLEC 1524

Land and Environment Court New South Wales

Medium Neutral Citation: Mercato on Byron Pty Ltd v Byron Shire Council [2020] NSWLEC 1524 Hearing dates: 18 and 19 August 2020 Date of orders: 30 October 2020 Decision date: 30 October 2020 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The appeal is dismissed. (2) The Applicant's modification application 10.2013.587.5 seeking to modify parts (a) and (e) of Condition 23 of its grant of consent for the construction and operation of the Mercato on Byron Shopping Centre in Byron Bay is determined by way of refusal. (3) The exhibits are returned, with the exception of Exhibits A and 1. Catchwords: MODIFICATION APPLICATION – development that fronts a classified road – condition of consent requires construction of a roundabout on classified road – whether roundabout is required – whether alternative conditions provide for safe and efficient operation of a classified road Legislation Cited: Byron Local Environmental Plan 2014 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Roads Act 1993 State Environmental Planning Policy (Infrastructure) 2007 Cases Cited: Benson McCormack Architects v Manly Council [2013] NSWLEC 1223 Texts Cited: Byron Development Control Plan 2014 Guide to Road Design Part 4A: Unsignalised and Signalised Intersections, Austroads 2015 Guide to Road Design Part 4B: Roundabouts, Austroads 2015 Guide to Road Safety Part 8: Treatment of crash locations, Austroads 2015 Guide to Traffic Generating Developments, NSW RTA, 2002 Guide to Traffic Generating Development, NSW RMS Category: Principal judgment Parties: Mercato on Byron Pty Ltd (Applicant) Byron Shire Council (Respondent) Representation: Counsel: N Eastman (Applicant) A Seton (Solicitor) (Respondent)