Heazlewood v Byron Shire Council [2019] NSWLEC 1429

Land and Environment Court New South Wales

Medium Neutral Citation: Heazlewood v Byron Shire Council [2019] NSWLEC 1429 Hearing dates: 3 September 2019 Date of orders: 11 September 2019 Decision date: 11 September 2019 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders: (1) The appeal is dismissed. (2) Development Application No. 10.2018.570.1 for the change of use of a dwelling and secondary dwelling to a detached dual occupancy and strata subdivision is refused. (3) The exhibits, except for exhibits 2, 5, A, B, C and D, are returned. Catchwords: DEVELOPMENT APPLICATION: change of use to detached dual occupancy and strata subdivision – existing secondary dwelling approved under State Environmental Planning Policy (Affordable Rental Housing) 2009 – contravention of numerical development standard for minimum lot size for dual occupancies – written request seeking to justify the contravention has not demonstrated that compliance with the development standard is unreasonable or unnecessary to justify the contravention. Legislation Cited: Byron Local Environmental Plan 2014 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Strata Schemes Development Act 2015 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Texts Cited: Byron Shire Development Control Plan 2014 Category: Principal judgment Parties: Nathan Heazlewood (Applicant) Byron Shire Council (Respondent) Representation: Counsel: J Heazlewood (Applicant) K Huxley (Solicitor) (Respondent)