Land and Environment Court of New South Wales CITATION : Osbourne v Byron Shire Council [2010] NSWLEC 1139 APPLICANT D Osbourne PARTIES : RESPONDENT Byron Shire Council FILE NUMBER(S) : 10022 of 2010 CORAM: Moore SC KEY ISSUES: CONSENT ORDERS - DEVELOPMENT APPLICATION :- DATES OF HEARING: 4 May 2010 EX TEMPORE JUDGMENT DATE : 4 May 2010 APPLICANT Mr M Young, solicitor McCartney Young LEGAL REPRESENTATIVES: RESPONDENT Ms P Hudson, solicitor Marsdens Law Group JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES MOORE SC 4 May 2010 10/10022 Osbourne v Byron Shire Council JUDGMENT This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 SENIOR COMMISSIONER: In these proceedings, relating to a dwelling to be altered and given additions at New Brighton, somewhat to the north of Byron in Byron Shire Council's (the council) area, all of the issues have been resolved by agreement between the parties. As to the issue of the concurrence of the Director-General of the Department of Planning (the Department), a concurrence that had previously been withheld, I am now satisfied, as a consequence of an e-mail from the Team Leader (Local Planning) of the northern region of the Department, dated 30 April 2010, to the applicant's solicitor, that this provides the necessary indication that the Director-General's concurrence is now granted on the basis of the restrictions that are proposed and that are discussed in the joint report that forms Exhibit 2 in the proceedings. 2 There were, as I noted when I read the council's documents that had been filed in the proceedings, no objections to the proposed development. As a consequence, there is no basis upon which I could decline to make the consent orders that are now proposed and the orders of the court reflect, therefore, the proposed consent orders. 3 The Court orders, by consent, that: 1. The Appeal is upheld; and 2. Development Application DA10.2008.7001 for alterations and additions to an existing dwelling house on the land at 14 Gaggin Street, New Brighton, is approved subject to the conditions in Annexure "A". Tim Moore Senior Commissioner DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.