NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Lonergan v Byron Shire Council [2005] NSWLEC 682
Applicant: Chris Lonergan & Associates PARTIES : Respondent: Byron Shire Council
FILE NUMBER(S) : 10493 of 2005
CORAM: Roseth SC
Development Application :- amendment of consent under s96 of the Environmental Planning and Assessment Act 1979 KEY ISSUES: extinguishment of right-of-carriageway
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s96
DATES OF HEARING: 24/11/2005 EX TEMPORE JUDGMENT DATE : 11/24/2005
Applicant: Mr M Wright, barrister instructed by Mr W Wall of Hinterland Legal LEGAL REPRESENTATIVES: Respondent: Mr A Seton, solicitor instructed by Ms S McKelvey, council legal officer
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Roseth SC
24 November 2005
10493 of 2005 Chris Lonergan & Associates v Byron Shire Council
JUDGMENT 1 Senior Commissioners: This is an appeal against the refusal by Byron Shire Council (the council) of an application under s96 of the Environmental Planning and Assessment Act 1979 to amend the conditions of Consent 93.449, dated 15 February 1994.
The site 2 The site is lot 21 DP 1034998, Tweed Valley Way, Yelgun. The allotment is in two portions, both irregular in shape. The northern portion has an area of 1.65ha, while the southern portion has an area of 43.49ha. A 20m-wide right-of-way, located on lot 122 DP 1003400, connects the two portions.
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