Byron Hotel P/L v Byron SC [2005] NSWLEC 265

Land and Environment Court of New South Wales

CITATION : Byron Hotel P/L v Byron SC [2005] NSWLEC 265

APPLICANT Byron Hotel Pty Limited

PARTIES : RESPONDENT Byron Shire Council

FILE NUMBER(S) : 10271 of 2000 and 10989 of 2002

CORAM: Hoffman C

Appeal :- two s 96 applications to amend 2 existing consents. * floodwater storage capacity * protection of buildings from flooding * sewerage loads and treatment plant capacity * vehicle ramp gradients - sight safety distances - headroom and pedestrian crossings of ramps KEY ISSUES: * adequacy of truck loading dock * public access to toilets.

Byron Local Environmental Plan 1988 Australian Standard 2890.1 and 2890.2 LEGISLATION CITED: Byron Development Control Plan 2002 Environmental Planning and Assessment Act 1979

DATES OF HEARING: 15/02/2005

DATE OF JUDGMENT: 04/22/2005

APPLICANT Mr M. Bofur, solicitor of Phillips Fox

LEGAL REPRESENTATIVES:

RESPONDENT Mr S. McKelvey, solicitor of Byron Shire Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

22 April 2005

02/10989} BYRON HOTEL PTY LIMITED v BYRON SHIRE COUNCIL 00/10271}

JUDGMENT 1 This is two class 1 appeals, 10271/2000 and 10989/2002 between Byron Hotel Limited and Byron Shire Council in regard to two s 96 applications to amend DA 10.1999.782 and DA 10.2001.648.1. At a mention on these appeals the parties indicated they had reached consent orders but final documents had to be prepared and checked. The proposals had been exhibited for public submissions and there were no objections. The parties indicated that provided no oral evidence was needed they wanted the Court to deal with the draft orders and other documents in chambers when received.