S J Connelly Pty Ltd (No 2) v Byron Shire Council [2009] NSWLEC 1168

Land and Environment Court of New South Wales

CITATION : S J Connelly Pty Ltd (No 2) v Byron Shire Council [2009] NSWLEC 1168

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

FILE NUMBER(S) : 10868 of 2008

CORAM: Hussey C - Taylor C

KEY ISSUES: APPEAL :- Notice of Motion to amend the application by way of revision of some of the lot boundaries

LEGISLATION CITED: Land and Environment Court Act

CASES CITED: Radray Constructions Pty Limited v Hornsby Council 2006 NSWLEC 155

DATES OF HEARING: 14 April 2009

EX TEMPORE JUDGMENT DATE : 14 April 2009

APPLICANT Mr P Tomasetti (SC) 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

14 April 2009

10868 of 2008 S J Connelly Pty Ltd v Byron Shire Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT - On Notice of Motion 1 The final determination of the Appeal No 10868 of 2008 was stayed to allow the parties the opportunity to make limited further submissions in regard to the amenity issues arising from the proposed extensive retaining walls at the interface of the residential development and the creek system. Consequently the applicant lodged a Notice of Motion to amend the application by way of revision of some of the lot boundaries, which it considers responds to the concerns raised by the Court but not originally raised by council.