Detala Pty Ltd V Byron Council [2000] NSWLEC 44

Reported Decision : 107 LGERA 385

Land and Environment Court of New South Wales

CITATION : Detala Pty Ltd V Byron Council [2000] NSWLEC 44 APPLICANT: Detala Pty Limited PARTIES : RESPONDENT: Byron Council FILE NUMBER(S) : 10515B of 1994 CORAM: Bignold J KEY ISSUES: Development :- Development:- Modification application to amend a condition of 1995 development consent-Requirement that concurrence be obtained from Director General National Parks and Wildlife - Concurrence refused - effect of refusal - whether Court has power to approve notwithstanding refusal of concurrence where Court is consent authority and not appellate body. LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 96 Land and Environemnt Court Act 1979 s 39(6) CASES CITED: North Sydney Council v Michael Standley and Associates (1998) 97 LGERA 433 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 Nos . 10515B of 1994 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 10 March 2000

DETALA PTY LIMITED Applicant v

BYRON COUNCIL Respondent

JUDGMENT

Bignold J:

A. INTRODUCTION

1. This is an application to the Court pursuant to the Environmental Planning and Assessment Act 1979 (the EP&A Act), s 96 to modify a development consent granted by the Court in 1995 as a result of allowing an appeal pursuant to the EP&A Act s 97 against the Council's deemed refusal of development consent to an application for a community title subdivision creating 15 residential lots, two public reserve lots and a private road on land described in Assessor Bly's judgment, dated 15 March 1995 at p 1 as "lot 1 Deposited Plan 42428, Portion 173 Patterson Street and part Crown Road Reserve adjacent to Pacific Vista Drive, Byron Bay" (the development site).