NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Toft v Byron Shire Council [2010] NSWLEC 1128
APPLICANT Graeme Toft PARTIES : RESPONDENT Byron Shire Council
FILE NUMBER(S) : 10762 of 2009
CORAM: Brown C
KEY ISSUES: DEVELOPMENT APPLICATION :- demolition of existing dwelling and the construction of a new dwelling - streetscape/character - front setback - loss of endangered ecological community - excessive cut and fill
Environmental Planning and Assessment Act 1979 Threatened Species Conservation Act 1995 LEGISLATION CITED: Byron Local Environmental Plan 1988 State Environmental Planning Policy No. 26 - Littoral Rainforests State Environmental Planning Policy No. 71 - Coastal Protection
DATES OF HEARING: 15, 16 April 2010
EX TEMPORE JUDGMENT DATE : 16 April 2010
APPLICANT Ms J Reid, solicitor SOLICITORS Pikes Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr A Seton solicitor SOLICITORS Marsdens
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C
16 April 2010
10762 of 2009 Graeme Toft v Byron Shire Council
JUDGMENT
1 COMMISSIONER: This is an appeal against the refusal by Byron Shire Council (the council) of Development Application DA10.2008.12.1 for the demolition of existing dwelling and the construction of a new dwelling at 142 Beach Road, Broken Head (the site). The site 2 The site is lot 8 in DP 238693. It is generally rectangular in shape with a street frontage of 22.81 and an area of 860 square metres. The site rises steeply from the street and is heavily vegetated at the rear. The vegetation has been identified as Littoral Rainforest in the New South Wales North Coast Sydney Basin and South-East Corner Bioregions as an endangered ecological community (the EEC) under the Threatened Species Conservation Act 1995. 3 The site has an existing older style dwelling located close to the street frontage and forms part of a group of similarly sized lots on the southern side of Beach Road containing residential dwellings, some recently constructed.
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