Newton Denny Chapelle v Byron Shire Council [2024] NSWLEC 1189

Land and Environment Court New South Wales

Medium Neutral Citation: Newton Denny Chapelle v Byron Shire Council [2024] NSWLEC 1189 Hearing dates: Conciliation conference 2 April 2024 Date of orders: 16 April 2024 Decision date: 16 April 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The applicant is directed to file the amended development application the subject of Order (3) within 7 days of the date of this Order. (2) The appeal is upheld. (3) Development Application No 10.2021.114.1, as amended, for the demolition of existing structures, vegetation removal and the construction of 3 buildings to be used for the purposes of a light industry (excluding artisan food and drink premises) with at-grade parking for 21 vehicles on the land at 467 Federal Drive, Federal is determined by the grant of development consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – light industry - conciliation conference - agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2000, cl 55 Environmental Planning and Assessment Regulation 2021, Sch 6 s 3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Byron Local Environmental Plan 2014, cl 2.7, 4.3, 5.10, 6.2, 6.4, 6.5, 6.6 Category: Principal judgment Parties: Newton Denny Chapelle (Applicant) Byron Shire Council (Respondent) Representation: Counsel: R Wilcher (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)