NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Tyagrah Holdings Pty Limited v Byron Bay Shire Council [2008] NSWLEC 1420
APPLICANT Tyagrah Holdings Pty Limited PARTIES : RESPONDENT Byron Bay Shire Council
FILE NUMBER(S) : 11142 of 2007
CORAM: Bly C
KEY ISSUES: Modification Application :- Tourist facility comprising cabins and restaurant, substantially the same development, low scale development, access to the site, traffic, noise and privacy, visual impact on the rural landscape, contributions for roadworks.
Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No.14 – Wetlands LEGISLATION CITED: NSW Threatened Species Conservation Act 1995 Byron Biodiversity Conservation Strategy 2004 Byron Local Environmental Plan 1988 Byron Development Control Plan 2002
Vacik Pty Ltd v Penrith City Council [1992] NSWLEC 8 CASES CITED: Bechara v Plan Urban Services Pty Ltd and Others [2006] NSWLEC 594 Moto Projects (No 2) v North Sydney Council [1999] NSWLEC 290
DATES OF HEARING: 12, 13, 18 and 30 June and 3 September 2008
DATE OF JUDGMENT: 24 October 2008
APPLICANT Mr A Galasso, SC Instructed by Wilshire Webb Staunton Beattie LEGAL REPRESENTATIVES:
RESPONDENT Mr A Seton, solicitor of Marsdens Law Group
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
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