Ardill Payne & Partners v Byron Shire Council [2019] NSWLEC 1297

Land and Environment Court New South Wales

Medium Neutral Citation: Ardill Payne & Partners v Byron Shire Council [2019] NSWLEC 1297 Hearing dates: 26 – 27 March 2019; submissions on conditions filed 8 April 2019 Date of orders: 27 June 2019 Decision date: 27 June 2019 Jurisdiction: Class 1 Before: Smithson C Decision: The orders of the Court are: (1) The cl 4.6 requests to vary the height and FSR standards are upheld. (2) The appeal is upheld. (3) Development Application No. 10.2017.588.1 for a mixed use development (primarily a tourist hotel) at 4 Marvell Street, Byron Bay is approved subject to the conditions in Annexure "A". (4) The exhibits are returned except Exhibits 3, B, C, D and H. Catchwords: DEVELOPMENT APPLICATION – mixed use – tourist hotel with rooftop bar and restaurant – compliance with Town Centre Master Plan – height and FSR non-compliance – clause 4.6 variation requests – whether reflecting character of area – whether impacting on adjoining uses – social impact considerations – what parking standards apply – acoustic considerations –plan of management – precedent – public interest Legislation Cited: Byron Local Environmental Plan 2014 Environmental Planning and Assessment Act 1979 Cases Cited: Deng v Burwood Council [2018] NSWLEC 1536 Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 (2002) 121 LGERA 101; [2002] NSWLEC 75 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC 117 Stockland Development Pty Ltd v Manly Council (2004) 136 LGERA 254; [2004] NSWLEC 472 Zhang v Canterbury City Council (2001) 115 LGERA 373 Texts Cited: Byron Development Control Plan 2014 Byron Bay Town Centre Master Plan 2016 Roads and Maritime Services Guide to Traffic Generating Developments Category: Principal judgment Parties: Ardill Payne & Partners (Applicant) Byron Shire Council (Respondent) Representation: Counsel: Dr J Smith (Applicant)