NSW Crown Holiday Parks Land Manager trading as Reflections Holiday Parks Terrace Reserve v Byron Shire Council (No 2) [2021] NSWLEC 51

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 (No 2) [2021] NSWLEC 51 Hearing dates: 8-9 March 2021, 16, 26 April 2021, 18 May 2021 Decision date: 25 May 2021 Jurisdiction: Class 2 Before: Pain J Decision: See [93]-[97] of judgment Catchwords: APPEAL – activity approval for caravan park and camping ground operated on Crown land – impact on endangered ecological community from camping in southern precinct – whether approval consistent with ecologically sustainable development principles – objections to compliance with local government regulation requirements acceptable – approval to be granted subject to conditions including compliance with vegetation management plan Legislation Cited: Biodiversity Conservation Act 2016 (NSW) Sch 2 Crown Lands Act 1989 (NSW) s 114 Land and Environment Court Act 1979 (NSW) s 39 Local Government (Manufactured Homes Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 regs 4, 70, 72, 88, 89, 91, 92, 93, 94 Local Government Act 1993 (NSW) Ch 7 Pt 1 (ss 68, 82, 89, 94, 96), Dictionary Roads Act 1993 (NSW) s 138 Crown Land Management Act 2016 (NSW) ss 3.36, 3.39, Sch 8 Cases Cited: Jonah Pty Limited v Pittwater Council (2006) 144 LGERA 48; [2006] NSWLEC 99 Texts Cited: Byron Development Control Plan 2014 Byron Local Approvals Policy 2018 Category: Principal judgment 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 (Applicant) Marsdens Law Group (Respondent) File Number(s): 19/340060