Ardill Payne and Partners v Byron Shire Council [2018] NSWLEC 1220

Land and Environment Court New South Wales

Medium Neutral Citation: Ardill Payne and Partners v Byron Shire Council [2018] NSWLEC 1220 Hearing dates: 9 and 10 April 2018 Date of orders: 10 May 2018 Decision date: 10 May 2018 Jurisdiction: Class 2 Before: Bish C Decision: The Court orders: (1) Leave is granted to rely on amended Statement of Facts and Contentions of 19 December 2017. (2) The appeal is dismissed. (3) Application No. 70.2016.1017.1 seeking approval for the installation of a sewage management facility within Lot 2 DP 700806, along Natural Lane, Suffolk Park is refused. (4) The Exhibits, except Exhibits 1, H and K, are returned. Catchwords: APPEAL: application for onsite sewage management facility for future residential dwelling; quarry rehabilitation; ecologically sustainable development; land use conflict; protection of environment; equity; contamination. Legislation Cited: Byron Bay Local Environment Plan 2014 Environmental Planning and Assessment Act 1979 No. 203 Local Government Act 1993 Local Government (General) Regulation 2005 Protection of the Environment Administration Act (1991) State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 Cases Cited: Telstra Corporation Limited v Hornsby Shire Council [2006] NSWLEC 133 Texts Cited: Byron Bay Council Design Guidelines for On-site Sewage Management for Single Households (2004) Category: Principal judgment Parties: Ardill Payne and Partners (Applicant) Byron Shire Council (Respondent) Representation: Counsel: M Staunton, Barrister (Applicant)