S J Connelly Pty Ltd v Byron Shire Council (No. 3) [2009] NSWLEC 1243

Land and Environment Court of New South Wales

CITATION : S J Connelly Pty Ltd v Byron Shire Council (No. 3) [2009] NSWLEC 1243

APPLICANT S J Connelly Pty Ltd PARTIES : RESPONDENT Byron Shire Council

FILE NUMBER(S) : 10868 of 2008

CORAM: Hussey C - Taylor C

KEY ISSUES: DEVELOPMENT APPLICATION :- Subdivision, flooding impacts, filling, ecological impacts, conditions

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Byron Local Environmental Plan 1988

DATES OF HEARING: 25 June 2009

EX TEMPORE JUDGMENT DATE : 25 June 2009

APPLICANT Mr P Tomasetti (barrister) SOLICITOR McCartney Young Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr A Seton (solicitor) SOLICITOR Marsdens Law Group

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C Taylor C

25 June 2009

10868 of 2008 S J Connelly Pty Ltd v Byron Shire Council This determination was given extemporaneously and it has been edited prior to publication

JUDGMENT 1 These proceedings arise form this Court's findings, which were published 9 March 2009, relative to a subdivision application for 17 residential lots and associated community lot, to be contained within a community title at Dengha Place, Baywood Chase Estate, Byron Bay.

2 Subsequent to these findings, the Applicant was granted leave to rely on amended plans that responded to the findings. The amended plans reduce the lot yield to 14 residential lots, to be created within a Torrens Title subdivision. It also amends the new access road configuration, which is to be dedicated as a public road and this now generally conforms with the council's subdivision road standards.