NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Minahan v Byron Shire Council [2024] NSWLEC 1531 Hearing dates: Conciliation conference on 19 August 2024 Date of orders: 29 August 2024 Decision date: 29 August 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is upheld. (2) Development Consent 10.2019.448.1 for a dwelling house and swimming pool at 48 Myocum Ridge Road, Myocum is modified in the terms in Annexure A. (3) Development Consent 10.2019.448.1, as modified by the Court, is Annexure B. Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Land and Environment Court Act 1979, s 34 Byron Local Environmental Plan 1988 Byron Local Environmental Plan 2014 Cases Cited: North Sydney Council v Michael Standley and Associates Pty Ltd (1998) 43 NSWLR 468; [1998] NSWSC 163 Texts Cited: Byron Shire Council Community Participation Plan (October 2019) Category: Principal judgment Parties: Craig Minahan (Applicant) Byron Shire Council (Respondent) Representation: Counsel: M Seymour SC (Applicant) A Seton (Solicitor) (Respondent)
Solicitors: McCartney Young Lawyers (Applicant) Marsdens Law Group (Respondent) File Number(s): 2024/159528 Publication restriction: No
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