NSW Crown Holiday Parks Land Manager trading as Reflections Holiday Parks Terrace Reserve v Byron Shire Council [2021] NSWLEC 35

Land and Environment Court New South Wales

Medium Neutral Citation: NSW Crown Holiday Parks Land Manager trading as Reflections Holiday Parks Terrace Reserve v Byron Shire Council [2021] NSWLEC 35 Hearing dates: 8-9 March 2021, 16 April 2021 Decision date: 21 April 2021 Jurisdiction: Class 2 Before: Pain J Decision: See [36] of judgment Catchwords: APPEAL – refusal of activity approval for caravan park operated on Crown land – preliminary issue of scope of activity approval application determined Legislation Cited: Environmental Planning and Assessment Regulation 2000 (NSW) cl 55 Local Government Act 1993 (NSW) ss 68, 79, 81, 87, Dictionary Local Government (Manufactured Homes Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 (NSW) cll 4, 70, 72 Roads Act 1993 (NSW) s 138 Cases Cited: Futurespace Pty Ltd v Ku-ring-gai Council (2009) 169 LGERA 45; [2009] NSWLEC 153 Radray Constructions Pty Ltd v Hornsby Shire Council (2006) 145 LGERA 292; [2006] NSWLEC 155 Category: Procedural rulings Parties: NSW Crown Holiday Parks Land Manager trading as Reflections Holiday Parks Terrace Reserve (Applicant) Byron Shire Council (Respondent) Representation: COUNSEL: M Hall SC (Applicant) A Seton, solicitor (Respondent)

SOLICITORS: Sparke Helmore Lawyers (Applicant) Marsdens Law Group (Respondent) File Number(s): 19/340060

Judgment

Judgment on preliminary issue 1. NSW Crown Holiday Parks Land Manager trading as Reflections Holiday Parks Terrace Reserve (the Applicant) appeals against the deemed refusal of its activity approval application to operate an existing caravan park and camping ground on land known as the Terrace Reserve in Brunswick Heads. The application for the activity approval was made pursuant to s 68 (Pt F) of the Local Government Act 1993 (NSW) (LG Act). The activities in Terrace Reserve occur in the northern, central and southern precincts of the land. Of particular concern is the operation of the southern precinct as a camping ground given the presence of Coastal Cypress Pine Forest, an endangered ecological community. 2. Activity Approval Application No 88.2019.2.1 received by Byron Shire Council (the Council) on 7 August 2019 (Application) seeks approval to operate the existing caravan and camping ground at the Terrace Reserve, including within the southern precinct. The Applicant commenced these proceedings in Class 2 of the Court's jurisdiction appealing against the deemed refusal of the Application. A preliminary issue has arisen of whether the Applicant can rely on an amended site plan version K (Ex L) dated 18 February 2021 in these proceedings given the provisions of the LG Act and the Local Government (Manufactured Homes Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 (LG Regulation 2005). 3. The matter is presently part heard, having had hearing dates in March and separately on 16 April 2021 with a further hearing date due later in April 2021.