Metrocorp Projects (Aust) Pty Ltd v Byron Shire Council [2024] NSWLEC 1506

Land and Environment Court New South Wales

Medium Neutral Citation: Metrocorp Projects (Aust) Pty Ltd v Byron Shire Council [2024] NSWLEC 1506 Hearing dates: 10 and 11 July 2024 Date of orders: 22 August 2024 Decision date: 22 August 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The Court, in exercising the functions of Byron Bay Council, as the relevant consent authority, under s 39(2) of the Land and Environment Court Act 1979, approves, under s 113(4) of the Environmental Planning and Assessment Regulation 2021, the application to amend Modification Application No 10.2014.417.4 in accordance with the amended plans and additional information filed with the Court on 17 July 2024. (2) The appeal is upheld. (3) Development Consent DA 10.2014.417.1 is further modified in the terms in Annexure A. (4) Development Consent DA 10.2014.417.1 as modified by the Court is Annexure B. (5) The exhibits are returned with the exception of Exhibits 2 and A, which are retained. Catchwords: APPEAL – modification application – residential flat building – rooftop pool – visual impact – privacy – disagreement on conditions of consent – procedural issues relating to supplementary expert report – lay objections Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Land and Environment Court Act 1979, ss 34, 39 Byron Local Environmental Plan 2014, cll 4.3, 4.6 Environmental Planning and Assessment Regulation 2021, s 113 State Environmental Planning Policy (Resilience and Hazards) 2021 Category: Principal judgment Parties: Metrocorp Projects (Aust) Pty Ltd (Applicant) Byron Shire Council (Respondent) Representation: Counsel: T Hale SC (Applicant) A Seton (Solicitor) (Respondent)