Wise v Byron Shire Council [2012] NSWLEC 1313

Land and Environment Court New South Wales

Medium Neutral Citation: Wise v Byron Shire Council [2012] NSWLEC 1313 Hearing dates: 29 October 2012 Decision date: 06 November 2012 Jurisdiction: Class 1 Before: Morris C Decision: 1. Leave to reopen the case is refused. 2. Appeal upheld. Catchwords: Consent Orders; SEPP1 objection to lot averaging provisions; whether leave to reopen the case to adduce further evidence should be granted. Legislation Cited: State Environmental Planning Policy No. 1 - Development Standards; Byron Local Environmental Plan 1988; North Coast Regional Environmental Plan; Environmental Planning and Assessment Act, 1979 Cases Cited: Lonergan v Byron Shire Council [2008] NSWLEC 1159; Wehbe v Pittwater Council [2007] NSWLEC 827; (2007) 156 LGERA 446; Australian Securities and Investments Commission v Rich [2006] NSWSC 826 Texts Cited: Byron Rural Settlement Strategy 1998; Draft Byron Local Environmental Plan 2012 Category: Principal judgment Parties: Robin Wise (Applicant)

Byron Shire Council (Respondent) Representation: Ms M Taylor Bartier Perry (Applicant)

Ms J McCullan Marsdens Law Group (Respondent) File Number(s): 10902 of 2012

Judgment 1Byron Shire Council refused consent to development application DA10.2012.237.1 which proposed the subdivision of Lot 10 DP 874882, Prior Drive, Coopers Shoot, into three allotments. The applicant, Mr Wise is appealing that decision. 2The issues between the parties have subsequently been resolved and they are seeking consent orders from the Court. The hearing in the matter was heard at Ballina Courthouse on 29 October 2012 and the decision was reserved. 3On 31 October, the applicant filed a Notice of Motion seeking leave to reopen the hearing so as to adduce further evidence. That matter was heard on 5 November 2012. 4This judgment addresses both matters.