Pace Development Group Pty Ltd v Byron Shire Council [2021] NSWLEC 1340

Land and Environment Court New South Wales

Medium Neutral Citation: Pace Development Group Pty Ltd v Byron Shire Council [2021] NSWLEC 1340 Hearing dates: Conciliation conference on 13-14 May 2021 Date of orders: 25 June 2021 Decision date: 25 June 2021 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The applicant's written request dated 7 May 2021 pursuant to cl 4.6 of the Byron Local Environmental Plan 2014 seeking variation of the development standard relating to the height of buildings contained in clause 4.3 is upheld. (2) The applicant's written request dated 13 May 2021 pursuant to cl 4.6 of the Byron Local Environmental Plan 2014 seeking variation of the development standard relating to floor space ratio contained in clause 4.4 is upheld. (3) The appeal is upheld. (4) The development described as: (a) demolition/removal of existing building; and (b) construction of a Mixed Use Development comprising hotel accommodation with ancillary swimming pool, rooftop open space, ground floor retail premises and basement health spa, being a 3 storey building above 2 levels of basement, for the land legally described as Lot 9 Section 26 DP 758307 and located at 7 Marvell Street, Byron Bay is approved subject to the determination at Annexure "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Byron Local Environmental Plan 2014, cll 4.3, 4.4, 4.5, 4.6 Environmental Planning and Assessment Act 1979, ss 1.3, 4.12, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 49 Land and Environment Court Act 1979, ss 34, 39 Cases Cited: Ardill Payne & Partners v Byron Shire Council [2019] NSWLEC 1297 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Byron Development Control Plan 2014 Category: Principal judgment Parties: Pace Development Group Pty Ltd (Applicant) Byron Shire Council (Respondent) Representation: Counsel: J Smith (Applicant) P Vergotis (Solicitor) (Respondent)