Lismore Venture Pty Ltd v Byron Shire Council [2020] NSWLEC 1150

Lismore Venture Pty Ltd v Byron Shire Council [2020] NSWLEC 1150

The agreement reached by the parties at the conciliation conference is a decision that the Court may properly make, as each of the jurisdictional preconditions is met: the development is permissible with consent, meets development standards for height and floor space ratio, complies with relevant state environmental planning policies, and relevant considerations about site contamination and local character have been addressed.

Parties
Applicant: Lismore Venture Pty Ltd; Respondent: Byron Shire Council
Jurisdiction
Australia
Judgment Date
31 March 2020
Procedural Posture
Development Appeal / Conciliation Conference; Agreement and Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions; costs ordered against Applicant
Legal Topics
Development Application, Multi Dwelling Housing, Amendment of Plans, Affordable Housing, Conciliation Conference
Planning and Environment Law Development Application Multi Dwelling Housing Amendment of Plans Affordable Housing Conciliation Conference

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Parties

Lismore Venture Pty Ltd

Applicant

Byron Shire Council

Respondent

Procedural Posture

Development Appeal / Conciliation Conference; Agreement and Final Orders

Legal Issues

  1. 1 Whether the amended development application for multi-dwelling housing should be granted development consent subject to conditions
  2. 2 Whether the development complies with applicable planning instruments and environmental policies

Ratio Decidendi

The agreement reached by the parties at the conciliation conference is a decision that the Court may properly make, as each of the jurisdictional preconditions is met: the development is permissible with consent, meets development standards for height and floor space ratio, complies with relevant state environmental planning policies, and relevant considerations about site contamination and local character have been addressed.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs ordered against Applicant

Orders

  • The Applicant is granted leave to amend Development Application No. 10.2018.161.1 to rely on specified amended plans and documents.
  • The Applicant is to pay the Respondent's costs in the agreed amount of $10,000.00 within 14 days of the orders.