Hunter v Byron Shire Council [2012] NSWLEC 1256

Land and Environment Court New South Wales

Medium Neutral Citation: Hunter v Byron Shire Council [2012] NSWLEC 1256 Hearing dates: 9 August 2012 Decision date: 11 September 2012 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The applicant is given leave to substitute the plans filed in the proceedings for the plans entitled "Retaining Wall Plan" and "Rock Wall & Sediment Fence Details", Drawing no H02E and H03, by Rob Aungle and Associates, dated 20 August 2012, annexed hereto and marked "A". 2. The appeal is upheld. 3. The application pursuant to section 96(1A) of the Environmental Planning and Assessment Act 1979 (Modification Application No. 10.2009.427.2) as amended in the proceedings pursuant to order 1 above is approved. 4. Development Consent No. 10.2009.427.1 granted by the Respondent on 11 December 2009 for a farm storage shed and retaining wall on the land known as Lot 15 DP 1030574, 31 Pinegroves Road, Myocum is modified pursuant to section 96(1A) of the Environmental Planning and Assessment Act 1979 as follows: (a) Delete Condition 1 and replace it with the following: "1) Development is to be in accordance with approved plans. The development is to be in accordance with the plans listed below: Plan no. Description Prepared by Dated P1 Site Plan C.Lonergan 7/9/09 H02E Retaining Wall Plan Rob Aungle & Associates 20/08/12 H03 Rock Wall & Sediment Fence Details Rob Aungle & Associates 20/08/12 P3 Proposed Shed - Elevations, Floor Plan Oz-Cover Undated