John Van Haandel v Byron Shire Council [2006] NSWLEC 394

Land and Environment Court of New South Wales

CITATION : John Van Haandel v Byron Shire Council [2006] NSWLEC 394

APPLICANT John Van Haandel PARTIES : RESPONDENT Byron Shire Council

FILE NUMBER(S) : 10734 of 2005

CORAM: Brown C

KEY ISSUES: Development Application :- construction of a dwelling - coastal erosion - erosion escarpment line

Byron Development Control Plan 2002 Byron Local Environmental Plan 1988 LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 New South Wales Coastal Policy 1997 North Coast Regional Environmental Plan 1998

DATES OF HEARING: 20/06/2006, 21/06/2006

EX TEMPORE JUDGMENT DATE : 06/21/2006

APPLICANT Mr G Green, solicitor SOLICITORS Pike Pike & Fenwick LEGAL REPRESENTATIVES: RESPONDENT Ms K Gerathy, solicitor SOLICITORS Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

21 June 2006

10734 of 2005 John Van Haandel v Byron Shire Council

JUDGMENT

1 COMMISSIONER: This is an appeal against the refusal of Development Application 10.2005.54.1 by Byron Shire Council (the council) for the construction of a dwelling at 31 The Esplanade, Byron Bay (the site). The Esplanade is a paper road only and actually forms part of the Belongil Beach. It provides no access to the site. The site and surrounding area 2 The site is Lot 1 in DP 778102. It is irregular in shape with an area of 505 sq m and a frontage to Belongil Beach. Access to the site is via an existing right-of-way from Childe Street. The site is currently vacant with the exception of the concrete slab from a previous dwelling.