Master Alchemy Pty Ltd v Byron Shire Council [2024] NSWLEC 1459

Land and Environment Court New South Wales

Medium Neutral Citation: Master Alchemy Pty Ltd v Byron Shire Council [2024] NSWLEC 1459 Hearing dates: 24-25 June 2024; 19 July 2024 Date of orders: 30 July 2024 Decision date: 30 July 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is dismissed. (2) Development application no. 10.2022.518.1 for the demolition of an existing dwelling and construction of 2 x two-storey dwellings with basement parking and a pool at 50 Shirley Street, Byron Bay is determined by refusal of consent. (3) The exhibits are to be returned following publication of the judgment, except for A, B, D, L, M and 1. Catchwords: APPEAL – development application – site located within a heritage conservation area – proposed demolition of the existing dwelling – effect of development on heritage significance of area concerned – whether the proposal is consistent and compatible with the existing and future character of the streetscape – density – bulk and scale Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 34AA Byron Local Environmental Plan 2014, cll 4.3, 4.4, 5.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 2.11 Cases Cited: Helou v Strathfield Municipal Council (2006) 144 LGERA 322; [2006] NSWLEC 66 Texts Cited: Byron Shire Development Control Plan 2014 Spennemann, D H R, 'What Actually Is a Heritage Conservation Area? A Management Critique Based on a Systematic Review of New South Wales (Australia) Planning Documents', (2023) 6 Heritage 5270, https://doi.org/10.3390/heritage6070279 Category: Principal judgment Parties: Master Alchemy Pty Ltd (Applicant) Byron Shire Council (Respondent) Representation: Counsel: R O'Gorman-Hughes (Applicant) A Seton (Solicitor) (Respondent)