Ardill Payne & Partners v Ballina Shire Council [2019] NSWLEC 1633

Land and Environment Court New South Wales

Medium Neutral Citation: Ardill Payne & Partners v Ballina Shire Council [2019] NSWLEC 1633 Hearing dates: Conciliation conference on 12-13 September 2019 Date of orders: 20 December 2019 Decision date: 20 December 2019 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The Applicant is granted leave to amend development application DA 2017/707 to rely upon the plans and documents identified in condition 1 of Annexure 'A'. (2) The appeal is upheld. (3) Development consent is granted to development application DA 2017/707 for the demolition of an existing dwelling and associated structures, and construction of a new dwelling containing two storeys above ground level, a basement storey for car parking and storage, a swimming pool, boundary fences and part roof-top terrace at Lot 41 Sec 1 DP 11687, 5 Rayner Lane, Lennox Head, subject to the conditions of consent set out in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Ballina Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Standard Instrument – Principal Local Environmental Plan Standard Instrument (Local Environmental Plans) Order 2006 Category: Principal judgment Parties: Ardill Payne & Partners (Applicant) Ballina Shire Council (Respondent) Representation: Counsel: M Young (Solicitor) (Applicant) M Harker (Solicitor) (Respondent)