NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Site R & D Pty Ltd v Byron Shire Council (No 2) [2022] NSWLEC 1209 Hearing dates: 10 - 13 November 2021, 22 March 2021 and 21 - 23 June 2020 Date of orders: 21 April 2022 Decision date: 21 April 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court Orders: (1) The appeal is upheld; (2) Development Application 10.2017.661.1, in relation to land identified as Lot 1 DP 201626, Lot 2 DP 542178, Lot 1 DP 780242, Lot 2 DP 818403, Lot 1 DP 520063, Lot 7020 DP 1113431, Lot 5 DP 1222674 and Lot 6 DP 1222674, and seeking consent to subdivide land in two separate areas within the West Byron Urban Release Area (WBURA), is determined by way of the grant of consent, subject to the conditions at Annexure 'A' to this judgment; (3) The exhibits are returned, with the exception of Exhibits A and 1. Catchwords: DEVELOPMENT APPLICATION – subdivision of land – whether Subject Site contains core koala habitat – whether potential impacts on frog habitat are acceptable – whether design of road access is acceptable Legislation Cited: Land and Environment Court Act 1979 Cases Cited: Site R & D Pty Ltd v Byron Shire Council [2022] NSWLEC 1121 Category: Consequential orders Parties: Site R & D Pty Ltd (Applicant) Byron Shire Council (Respondent) Representation: Counsel: C Ireland (Applicant) A Seton (Solicitor) (Respondent)
Solicitors: Brock Partners (Applicant) Marsdens Law Group (Respondent) File Number(s): 2018/222143 Publication restriction: No
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