Bennette v Byron Shire Council [2001] NSWLEC 157

Land and Environment Court of New South Wales

CITATION : Bennette v Byron Shire Council [2001] NSWLEC 157 APPLICANT: Jerry Lee Bennette PARTIES : RESPONDENT: Byron Shire Council FILE NUMBER(S) : 10318 of 2000 CORAM: Talbot J KEY ISSUES: Development Application :- subdivision - consent granted. LEGISLATION CITED: CASES CITED: DATES OF HEARING: 6/2/01, 7/2/01, 16/2/01, 26/4/01 EX TEMPORE JUDGMENT DATE : 04/26/2001

APPLICANT: Mr J J Webster (Barrister) SOLICITORS: Stacks the Law Firm with Halliday & Stainlay

LEGAL REPRESENTATIVES: RESPONDENT: Mr T F Robertson (Barrister) (06/2/01) with Mr K E Webber (Solicitor) SOLICITORS: Wilshire Webb

JUDGMENT: IN THE LAND AND Matter No. 10318 of 2000 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 26 April 2001

Jerry Lee Bennette Applicant v

Byron Shire Council Respondent

REASONS FOR JUDGMENT

1. This matter has a long, disjointed history. During the course of the hearing the plans were largely re-drawn and presented in a form which is principally designed to meet the fundamental objections raised by the council and to a large extent deal with issues raised by the residents of Suffolk Park, both through their formal organisation and as individuals.

2. The Court has the benefit of evidence from individual residents of Suffolk Park and other areas in the immediate vicinity. A significant part of the concerns expressed by the residents are in relation to the original plans proposed by the applicant. When the amended plans were generated the residents were given an opportunity to give further consideration to the proposal. On both occasions they were afforded time to explain to the Court whether their difficulties had been resolved.