Phillips v Byron Shire Council [2006] NSWLEC 350

Land and Environment Court of New South Wales

CITATION : Phillips v Byron Shire Council [2006] NSWLEC 350

Applicant: Edwin Phillips PARTIES : Respondent: Byron Shire Council

FILE NUMBER(S) : 10423 of 2006

CORAM: Roseth SC

KEY ISSUES: Development Application :- development on ridgetops; excessive excavation

DATES OF HEARING: 31/05/2006 and 01/06/2006

DATE OF JUDGMENT: 06/20/2006

Applicant: LEGAL REPRESENTATIVES: Mr P McEwen, SC instructed by Mr A Van Kempen of Stephen Butterell Solicitors Respondent: Mr J Reilly, solicitor of Abbott Tout

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

20 June 2006

10423 of 2006 Edwin Phillips v Byron Shire Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Byron Shire Council (the council) of a development application to demolish the existing house and construct a three-storey dwelling house, swimming pool and gazebo on lots 8 and 9 DP246414, known as 148 and 148A Lighthouse Road, Byron Bay.

The site 2 The site has an area of 1,478m2, with primary frontage to Lighthouse Road, and with secondary frontages to Lee Lane and No Name Lane. There is a single-storey house now on the site. Its access is from Lee Lane. 3 The site is on the southwest end of the Cape Byron Spit. Lighthouse Road is the main road to the Cape Byron Lighthouse. Immediately north is the No Name Lane road reserve, beyond which is the Cape Byron Conservation Area. To the east is the Lee Lane road reserve, which also adjoins the Cape Byron State Conservation Area. 4 The site can be seen from Clarkes Beach and, more distantly, from Main Beach.