Land and Environment Court of New South Wales CITATION : Ronstar v Byron Shire Council [2007] NSWLEC 49 Applicant: Ronstar Pty Ltd PARTIES : Respondent: Byron Shire Council FILE NUMBER(S) : 10833 of 2006 CORAM: Roseth SC KEY ISSUES: Development Application :- hiotel and bottleshop, owner's consent for access DATES OF HEARING: 01/02/2007 EX TEMPORE JUDGMENT DATE : 1 February 2007 Applicant: LEGAL REPRESENTATIVES: Mr A Metcalf, barrister instructed by Mr G Latham, solicitor of Somerville Laundry Lomax Lawyers Respondent: Mr A Seton, solicitor of Marsdens Law Group JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES Roseth SC 1 February 2007 10833 of 2006 Ronstar Pty Ltd v Byron Shire Council JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Byron Shire Council (the council) of a development application for alterations and additions to the existing hotel and bottle shop on lot 8 DP 774795 and lot 2 DP 616403 Broken Head Road, Suffolk Park. 2 At the time of lodgement of the appeal, the council filed a Statement of Issues containing three issues, of which one was the public interest. The other two issues related to parking and access, and the public interest also related to parking and access. Mr Jeff Begovic, the council's development manager, and Mr Stephen Connelly, a planner retained by the applicant, met in joint conference and agreed that there were no physical constraints to adequate access and parking arrangements. The only problem remained that access was over the adjoining allotment, which the applicant did not own. Until the day of the hearing, the owner, Hillvor Pty Ltd, objected to the proposal and denied access. On the day of the hearing, however, the directors of Hillvor relented and issued a letter withdrawing their objection and granting their agreement for access. There being no other objectors to the application, this removed all obstacles to the granting of consent orders. Consent orders 1. The appeal is upheld. 2. Development application for alterations and additions to the existing hotel and bottle shop on lot 8 DP 774795 and lot 2 DP 616403 Broken Head Road, Suffolk Park is determined by the granting of consent subject to the conditions in Annexure A. 3. The exhibits are retained on the Court's files. ________________ Dr John Roseth 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.