Town Planning Studio Pty Ltd v Byron Shire Council [2023] NSWLEC 1143

Land and Environment Court New South Wales

Medium Neutral Citation: Town Planning Studio Pty Ltd v Byron Shire Council [2023] NSWLEC 1143 Hearing dates: Conciliation conference on 7 and 8 March 2023 Date of orders: 31 March 2023 Decision date: 31 March 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 10.2022.324.1, for construction of a new dual occupancy (attached) development, at premises known as 15 Dandaloo Way, Ocean Shores, subject to the conditions contained at Annexure "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders. Legislation Cited: Byron Local Environmental Plan 2014, cll 2.3, 4.1E, 4.3, 4.4, 6.6 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environment Planning and Assessment Regulation 2021, s 37 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Building Sustainability Index: Basix) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Byron Development Control Plan 2014 Byron Shire Council's Community Participation Plan 2019 Category: Principal judgment Parties: Town Planning Studio Pty Ltd (Applicant) Byron Shire Council (Respondent) Representation: Counsel: R O'Gorman-Hughes (Applicant) C Rose (Solicitor) (Respondent)