Napoli v Byron Shire Council [2020] NSWLEC 1646

Land and Environment Court New South Wales

Medium Neutral Citation: Napoli v Byron Shire Council [2020] NSWLEC 1646 Hearing dates: 30 November 2020 Date of orders: 15 December 2020 Decision date: 15 December 2020 Jurisdiction: Class 1 Before: Morris AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Control Order 11 dated 7 April 2020 in relation to premises at Lot 20 Sec 9 DP 11632, No. 42 Brandon Street, Suffolk Park and issued pursuant to the provisions of s 9.34(1)(a) of the Environmental Planning and Assessment Act 1979 is revoked. (3) The exhibits are returned. Catchwords: ORDERS – privacy screen/fence Legislation Cited: Byron Local Environmental Plan 2014 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Swimming Pools Act 1992 Swimming Pools Regulation 2018 Texts Cited: Building Code of Australia Category: Principal judgment Parties: Kaylene Napoli (Applicant) Byron Shire Council (Respondent) Representation: Counsel: B Napoli (Agent) (Applicant) C Rose (Solicitor) (Respondent)

Solicitors: Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2020/136706 Publication restriction: No

Judgment 1. COMMISSIONER: Byron Shire Council issued a Development Control Order (Order) under s 9.34 of the Environmental Planning and Assessment Act 1979 (EPA Act) on 7 April 2020 in relation to a structure erected at 42 Brandon Street, Suffolk Park. Mrs Napoli is appealing the terms of that Order pursuant to the provisions of s 8.18 of that Act, seeking its revocation.