S J Connelly Pty Limited v Byron Bay Shire Council No. 3 [2010] NSWLEC 1338

Land and Environment Court of New South Wales

CITATION : S J Connelly Pty Limited v Byron Bay Shire Council No. 3 [2010] NSWLEC 1338

APPLICANT S J Connelly Pty Limited PARTIES : RESPONDENT Byron Bay Shire Council

FILE NUMBER(S) : 10710 of 2009

CORAM: Hussey C

KEY ISSUES: COSTS :-

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979

Futurespace Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 153 CASES CITED: Groeneveld v Wollongong City Council [2009] NSWLEC 149 Cachia v The Hills Shire Council [2010] NSWLEC 136

DATES OF HEARING: 18 & 21 May 2010

DATE OF JUDGMENT: 23 December 2010

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

23 December 2010

Appeal No 10710 of 2009 S J Connelly Pty Ltd v Byron Shire Council (No. 3) JUDGMENT Background. 1 This matter concerns a s97B application regarding costs associated with amended plans that were tendered during an appeal against council's refusal of a staged development application to create some 270 residential lots at "Tallowood Ridge Estate Mullumbimby". My findings on the merits of this appeal were published on 16 July 2010 and orders subsequently made on 14 September 2010. The question of the 97B remained reserved.