Haysom & Spender Architects v Byron Shire Council [2000] NSWLEC 274

Land and Environment Court of New South Wales

CITATION : Haysom & Spender Architects v Byron Shire Council [2000] NSWLEC 274 APPLICANT Haysom & Spender Architects PARTIES : RESPONDENT Byron Shire Council FILE NUMBER(S) : 10114 of 2000 CORAM: Cowdroy J KEY ISSUES: Development Consent :- application for tourist facility - environmentally sensitive area - council initially opposing development - thereafter council consent to development subject to conditions - objectors' submissions - consent granted with conditions LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 79C(1) CASES CITED: DATES OF HEARING: 14/11/00, 15/11/00, 16/11/00, 23/11/00, 28/11/00, 30/11/00, 7/12/00, 18/12/00 DATE OF JUDGMENT: 12/20/2000

APPLICANT Mr J Webster (Barrister)

SOLICITORS Halliday & Stainlay LEGAL REPRESENTATIVES: RESPONDENT Mr T Robertson (Barrister)

SOLICITORS Wilshire Webb

JUDGMENT:

IN THE LAND AND MATTER No. 10114 of 2000 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 20/12/00

Haysom & Spender Architects Applicant v Byron Shire Council Respondent JUDGMENT

1. By application class one filed 14 February 2000 Haysom & Spender Architects ("the applicant") appealed against the deemed refusal by Byron Shire Council ("the council") of development application 99/0898. As a result of discussions held between the parties the applicant has substantially modified development application 99/0898 ("the development application") and in consequence thereof the council does not oppose the Court upholding the appeal subject to conditions.