NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Hejtmanek v Byron Shire Council [2021] NSWLEC 1058 Hearing dates: Conciliation conference held on 28 – 29 January 2021 Date of orders: 08 February 2021 Decision date: 08 February 2021 Jurisdiction: Class 1 Before: Bish C Decision: See orders at [21] Catchwords: DEVELOPMENT APPLICATION – alterations and additions to existing dwelling plus secondary dwelling – flooding risk mitigated – solar access amenity to adjoining property Legislation Cited: Byron Local Environmental Plan 2014 COVID-19 Legislation Amendment (Emergency Measures) Act 2020 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Coastal Management) 2018 State Environmental Planning Policy No 55—Remediation of Land Texts Cited: Byron Shire Development Control Plan 2014 Land and Environment Court, COVID-19 Pandemic Arrangements Policy (July 2020) North Byron Shire Flood Study (2016) Category: Principal judgment Parties: Sandra Hejtmanek (Applicant) Byron Shire Council (Respondent) Representation: Counsel: M Young (Solicitor) (Applicant) P Vergotis (Solicitor) (Respondent)
Solicitors: McCartney Young Lawyers (Applicant) McCabe Curwood Pty Ltd (Respondent) File Number(s): 2020/152601 Publication restriction: No
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