Byron Ventilink Pty Limited v Byron Shire Council [2005] NSWLEC 395

Reported Decision : (2005)142 LGERA 215

Land and Environment Court of New South Wales

CITATION : Byron Ventilink Pty Limited v Byron Shire Council [2005] NSWLEC 395

APPLICANT: Byron Ventilink Pty Limited PARTIES : RESPONDENT: Byron Shire Council

FILE NUMBER(S) : 10038 of 2005

CORAM: Pain J

KEY ISSUES: Appeal :- appeal against interim heritage order - whether building is likely to be found on further inquiry to be of local heritage significance - whether interim heritage order confined to item under threat

Byron Local Environmental Plan 1988 Sch 2 LEGISLATION CITED: Heritage Act 1977 s 25, s 29, s 30, s 57(1), s 63, s 120L Land and Environment Court Act 1979 s 39(2)

DATES OF HEARING: 01/06/2005 02/06/2005

DATE OF JUDGMENT: 07/27/2005

APPLICANT: Mr J Webster SC and Dr S Berveling (barrister) SOLICITORS: Stacks Northern Rivers LEGAL REPRESENTATIVES: RESPONDENT: Mr A Seton (solicitor) SOLICITORS: Marsdens Law Group

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

27 July 2005

10038 of 2005 Byron Ventilink Pty Limited v Byron Shire Council

JUDGMENT 1 Her Honour: Byron Shire Council ("the Council") has issued an interim heritage order ("IHO") in relation to the Applicant's premises at Lot 1 DP 876261 known as 19 – 23 Lawson Street, Byron Bay ("the site"). The Applicant has appealed against this order pursuant to s 30 of the Heritage Act 1977 ("the Heritage Act") in Class 1 proceedings. This is the first appeal of this nature before this Court. 2 The Court had the benefit of a view of the site on 1 June 2005. I thank Commissioner Tuor for her assistance in this matter.