Smollen v Byron Shire Council [2023] NSWLEC 1043

Land and Environment Court New South Wales

Medium Neutral Citation: Smollen v Byron Shire Council [2023] NSWLEC 1043 Hearing dates: Conciliation conference on 30 and 31 January 2023 Date of orders: 07 February 2023 Decision date: 07 February 2023 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) the appeal is upheld. (2) Development consent is granted to Development Application DA10.2022.249.1 for construction of a swimming pool and four decks in association with an approved dwelling house on the land at 8 Border Street, Byron Bay subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders. Legislation Cited: Biodiversity Conservation Act 2016, Pt 7, Schs 1, 2 Byron Local Environmental Plan 1988, cll 2, 2A, 40, 45, 63 Byron Local Environmental Plan 2014, cl 1.3 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environment Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: Basix) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, s 4.6 Texts Cited: Byron Development Control Plan 2014 Byron Shire Council, Community Participation Plan, 2019 Category: Principal judgment Parties: Rebecca Smollen (Applicant) Byron Shire Council (Respondent) Representation: Counsel: J Reid (Applicant) A Seton (Solicitor) (Respondent)