Ardill Payne & Partners v Byron Shire Council [2021] NSWLEC 1010

Land and Environment Court New South Wales

Medium Neutral Citation: Ardill Payne & Partners v Byron Shire Council [2021] NSWLEC 1010 Hearing dates: Conciliation conference on 17 and 23 December 2020 Date of orders: 11 January 2021 Decision date: 11 January 2021 Jurisdiction: Class 1 Before: Adam AC Decision: Refer to orders below at [29] Catchwords: APPEAL – development – demolition of existing residence – construction of new residence and swimming pool – conciliation conference – agreement between parties – orders Legislation Cited: Biodiversity Conservation Act 2016 Byron Local Environmental Plan 2014 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Coastal Management) 2018 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55 – Remediation of Land Texts Cited: New South Wales Rural Fire Service, Planning for Bush Fire Protection (2006) New South Wales Rural Fire Service, Planning for Bush Fire Protection (2019) Category: Principal judgment Parties: Ardill Payne & Partners (Applicant) Byron Shire Council (Respondent) Representation: Counsel: P Tomasetti SC (Applicant) A Seton (Solicitor) (Respondent)