Christopher George Lonergan t/a East Coast Planning Consultants v Byron Shire Council [2003] NSWLEC 298

> Land and Environment Court of New South Wales

CITATION : Christopher George Lonergan t/a East Coast Planning Consultants v Byron Shire Council [2003] NSWLEC 298 APPLICANT: Christopher George Lonegran t/a East Coast Planning Consultants PARTIES : RESPONDENT: Byron Shire Council . FILE NUMBER(S) : 10588 and 9 of 2003 CORAM: Moore C KEY ISSUES: Contaminated Land - Development Application - Planning Instruments :- What constitutes "low scale" development Intensification of use Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Byron Local Environment Plan 1988 . CASES CITED: Manzie v Willoughby City Council 1996 LEC 26; . DATES OF HEARING: 20, 21 and 22 October 2003 EX TEMPORE JUDGMENT DATE : 10/22/2003

APPLICANT: Mr M Wright, barrister SOLICITORS: Wroth Wall

LEGAL REPRESENTATIVES: RESPONDENT: Mr P Clay, barrister SOLICITORS: Wilshire Webb

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10588/9 of 2003

Moore C

22 October 2003 Christopher George Lonergan t/a East Coast Planning Consultants Applicant v Byron Shire Council Respondent Judgment 1 There are two matters before the Court for determination, the first is matter No. 10588 of 2003 (which is a s96 application concerning parking conditions at the subject site) and the second is matter No.10589 of 2003 (which is an appeal concerning a development application for use of an existing refreshment room serving a rural tourist facility by seeking to make the use of that refreshment room available to non-resident users of the facility). Both matters are applications relating to Lot 3 DP 625224 at Newes Road, Coorabell.