Broken Head Coastal Foundation Pty Ltd v Byron Shire Council [2004] NSWLEC 233

Land and Environment Court of New South Wales

CITATION : Broken Head Coastal Foundation Pty Ltd v Byron Shire Council [2004] NSWLEC 233

APPLICANT PARTIES : Broken Head Coastal Foundation Pty Ltd

RESPONDENT Byron Shire Council FILE NUMBER(S) : 10499B of 1998 CORAM: Nott C KEY ISSUES: Development Consent :- modification of private education facility on 111 ha at Seven Mile Beach - substantially the same development - increase in number of persons from 72 to 112 - new sewage and wastewater disposal

LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 96 CASES CITED: Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298 ; Tipalea Watson Pty Ltd v Ku-ring-gai Council [2003] NSWLEC 253 DATES OF HEARING: 18/03/2004 - 19/03/2004 EX TEMPORE 03/19/2004 JUDGMENT DATE :

APPLICANT Mr J J Bingham, solicitor SOLICITORS Deacons LEGAL REPRESENTATIVES: RESPONDENT Mr J Cole, solicitor SOLICITORS Abbott Tout

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10499B of 1998

Nott C

19 March 2004

Broken Head Coastal Foundation Pty Ltd Applicant v

Byron Shire Council Respondent

Judgment

1 . On 8 December 1998 I delivered a short extempore judgment and made orders granting developing consent to DA98/0146 for a private education facility on lots 2 and 5 DP 729112, at 951 Broken Head Road, Broken Head. These orders were made by consent after the parties had engaged in extensive negotiations and had attended a mediation hearing at which objectors were present. Prior to making the orders I also heard evidence from several objectors.