Ardill Payne & Partners v Byron Shire Council [2021] NSWLEC 1175

Land and Environment Court New South Wales

Medium Neutral Citation: Ardill Payne & Partners v Byron Shire Council [2021] NSWLEC 1175 Hearing dates: 22 and 25 March 2021 Date of orders: 15 April 2021 Decision date: 15 April 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The Orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 10.2019.644.1 for the demolition of a detached dual occupancy dwelling and outbuildings, construction of a new dwelling and new swimming pool, and alterations and additions to a detached dual occupancy dwelling, at 255 Coolamon Scenic Drive, Coorabell, is approved, subject to the conditions of consent at Annexure A. (3) The exhibits, other than Exhibit 1, are returned. Catchwords: DEVELOPMENT APPLICATION – replacement of a dual occupancy dwelling with a new dwelling house and swimming pool and alterations and additions to a dual occupancy dwelling – the new dwelling house is an expanded house within the meaning of the Byron Shire Development Control Plan 2014 – final orders by consent of parties Legislation Cited: Byron Shire Local Environmental Plan 1988 Byron Shire Local Environmental Plan 2014 cll 1.3, 2.7, 4.1E, 4.2A, 4.2D, 4.3, 5.16, 6.2, 6.5, 6.6 Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979 s 34 Rural Fires Act 1997 State Environmental Planning Policy (Building Sustainability Index: BASIX) cll 5, 6 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 State Environmental Planning Policy (Koala Habitat Protection) 2020 cl 8 State Environmental Planning Policy (Koala Habitat Protection) 2021 State Environmental Planning Policy No 55 – Remediation of Land cll 5, 7 Texts Cited: Building Code of Australia Byron Shire Council, Design Guidelines for On-Site Sewage Management for Single Households, (December 2004) Byron Shire Development Control Plan 2014 NSW Rural Fire Service, Planning for Bush Fire Protection, (November 2019) Category: Principal judgment Parties: Ardill Payne & Partners (Applicant) Byron Shire Council (Respondent) Representation: Counsel: P Tomasetti SC (Applicant) P Vergotis (Solicitor) (Respondent)