NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Designer Developments Pty Limited v Byron Shire Council [2009] NSWLEC 1223
APPLICANT Designer Development Pty Limited PARTIES : RESPONDENT Byron Shire Council
FILE NUMBER(S) : 11087 of 2008
CORAM: Hussey C
KEY ISSUES: DEVELOPMENT APPLICATION :- Change of use for restaurant, on-site sewage system, noise/light amenity, impact on neighbourhood
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Byron Local Environmental Plan 1988 Byron Development Control Plan 2002
DATES OF HEARING: 23 April 2009, 5 June 2009, 3 and 6 July 2009
DATE OF JUDGMENT: 6 July 2009
APPLICANT Mr K Webber (solicitor) SOLICITOR Wilshire Webb Staunton Beattie
LEGAL REPRESENTATIVES: RESPONDENT M K Gerathy (solicitor) Ms J Hewitt (solicitor) SOLICITOR HWL Ebsworth Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
6 July 2009
11087 of 2008 Designer Development Pty Limited v Byron Shire Council
JUDGMENT Background. 1 This appeal was lodged against council's refusal of a development application for the change of use of an existing single storey dwelling to a restaurant and managers residence at McGettigans Lane, Ewingsdale.
2 The proposed restaurant is to have a seating capacity of 60 persons. It was initially proposed to operate from 7am to midnight, 7 days per week. The associated works involve: o an internal fitout. o construction of an on-site sewage management system. o relocation of the driveway to a north/south alignment parallel to the eastern side and associated landscaping. o construction of car parking spaces for 22 vehicles. o construction of an acoustic fence along the McGettigans Lane frontage. o construction of a carport section over the eastern portion of the car parking. 3 The issues in the appeal are summarised as follows: o Adequacy of the on-site sewage management system. o Acoustic impacts. o Amenity impacts on the neighbourhood involving perimeter fencing, setbacks. o Consistency with the zone objectives. o Public interest matters.
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