Dames and Moore Pty Ltd V Byron Council [2000] NSWLEC 46

Land and Environment Court of New South Wales

CITATION : Dames and Moore Pty Ltd V Byron Council [2000] NSWLEC 46 APPLICANT: Dames and Moore Pty Ltd PARTIES : RESPONDENT: Byron Council FILE NUMBER(S) : 10096 of 2000 CORAM: Bignold J KEY ISSUES: Development :- Development:- Development appeal - application to remove trees to carry out infrastructural works for approved subdivision - Environmental impact on threatened species - cumulative impact. LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: Meriton Apartments Pty Ltd v Ryde City Council (unreported 30 April 1998) (Lloyd J) DATES OF HEARING: 28/02/00; 29/02/00; 01/03/00; 02/03/00 DATE OF JUDGMENT: 03/10/2000

APPLICANT: Mr W R Davison SC with Mr P Parry, Barrister SOLICITORS Bartier Perry

LEGAL REPRESENTATIVES: RESPONDENT: Mr T Robertson, Barrister SOLICITORS Wilshire Webb

JUDGMENT: IN THE LAND AND Matter No . 10096 of 2000 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 10 March 2000

DAMES AND MOORE PTY LTD Applicant v

BYRON COUNCIL Respondent

JUDGMENT

Bignold J:

A. INTRODUCTION

1. This is an appeal pursuant to the Environmental Planning and Assessment Act (EP&A Act) s 97against the Council's deemed refusal of a development application to cut down and remove trees from land known as lot 1 DP 42428 and Por 173, together with a part of the adjoining Crown Road Reserve and a part of the adjacent Crown land (the subject land).