310 Properties Pty Ltd v Byron Shire Council [2025] NSWLEC 1028

Land and Environment Court New South Wales

Medium Neutral Citation: 310 Properties Pty Ltd v Byron Shire Council [2025] NSWLEC 1028 Hearing dates: 11 and 12 December 2024 Date of orders: 23 January 2025 Decision date: 23 January 2025 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application for development consent pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (2) The appeal is upheld. (3) The development application 10.2023.244.1 for the demolition of existing structures, removal of 29 trees and construction of a multi dwelling housing development with basement parking at 310 Ewingsdale Road, Byron Bay (Lot 3 DP 551947) is determined by the grant of consent subject to the conditions in Annexure A. (4) The Exhibits are returned with the exception of A, B and 1. Catchwords: DEVELOPMENT APPLICATION – multi dwelling housing – amended plans and documents – contentions resolved by amendments and expert evidence – consideration of objections – appeal upheld. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, Land and Environment Court Act 1979, s 34 Biodiversity Conservation Act 2016, s 7.13 Environmental Planning and Assessment Regulation 2021, s 23 Biodiversity Conservation Regulation 2017 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.4, 2.48, State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environment Planning Policy (Building Sustainability Index: BASIX) 2004 Byron Local Environmental Plan 1988, cll 82, 84, 90, 97, 98, 100 Texts Cited: Byron Shire Development Control Plan 2014 Category: Principal judgment Parties: 310 Properties Pty Ltd (Applicant) Byron Shire Council (Respondent) Representation: Counsel: A Pearman (Applicant) A Seton (Solicitor) (Respondent)