Condon v Ballina Shire Council [2006] NSWLEC 430

Land and Environment Court of New South Wales

CITATION : Condon v Ballina Shire Council [2006] NSWLEC 430

Applicant: Margaret Condon PARTIES : Respondent: Ballina Shire Council

FILE NUMBER(S) : 10303 of 2005

CORAM: Roseth SC

KEY ISSUES: Development Application :- seniors living development; convenient and safe access, solar access and ventilation, development in sympathy with landform

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Threatened Species Act 1995 Seniors Living State Environmental Planning Polciy

Asset Based Securities v Hornsby Shire Council [2001] NSWLEC 276; CASES CITED: Momentum Architects v Hornsby Shire Council [2002] NSWLEC 252; Sydney Prestige Developments v Hornsby Shire Council [2004] NSWLEC 598; Toon v Ku-ring-gai Council [2004] NSWLEC 173

DATES OF HEARING: 27/06/2006 to 29/06/2006

DATE OF JUDGMENT: 07/26/2006

Applicant: Mr C McEwen, SC LEGAL REPRESENTATIVES: Solicitors: Gadens Lawyers Mr N Hemmings, QC Solicitors: Allens Arthur Robinson

JUDGMENT: - 20 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

26 July 2006

10303 of 2005 Margaret Condon v Ballina Shire Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Ballina Shire Council of a development application to subdivide lot 21 DP 1007134, known as 8 Byron Bay Road (Coast Road), Lennox Head into three allotments, to erect a seniors living development on lot 2 containing 121 dwellings and a community building, and, following the completion of the development, to subdivide lot 2 into 123 strata lots.