NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Hunter v Byron Shire Council [2017] NSWLEC 1495 Hearing dates: 24 August 2017 Date of orders: 08 September 2017 Decision date: 08 September 2017 Jurisdiction: Class 1 Before: Brown C Decision: See orders pars 36, 47, 50. Catchwords: DEVELOPMENT APPLICATION: two separate applications for same site - storage premises and modification of approval for road transport terminal – consent under Roads Act 1993 – traffic and safety – drainage - flooding - effluent disposal – zone objectives – public interest Legislation Cited: Byron Local Environmental Plan 2014 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Roads Act 1993 Cases Cited: Connery v Manly Council [1999] NSWLEC 284; (1999) 105 LGERA 451; Gibson v Mosman Municipal Council [2001] NSWLEC 134; 114 LGERA 416; Goldberg v Waverley Council [2007] NSWLEC 259; 156 LGERA 27) Category: Principal judgment Parties: Alan Hunter (First Applicant) Joan Hunter (Second Applicant)
Byron Shire Council (Respondent) Representation: Counsel: Mr A Gadiel, solicitor (Applicant) Mr A Seton, solicitor (Respondent)
Solicitors: Mills Oakley (Applicant) Marsdens Law Group (Respondent) File Number(s): 2017/64945, 2017/125755 Publication restriction: No
Judgment 1. COMMISSIONER: These are two separate but related development applications for the property at 31 Pinegroves Road, Myocum (the site). The appeals were considered concurrently.
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