Pace Development Group Pty Ltd v Byron Shire Council [2021] NSWLEC 1340

Pace Development Group Pty Ltd v Byron Shire Council [2021] NSWLEC 1340

The Court could make the agreed orders because the site was in the B2 Local Centre zone where tourist and visitor accommodation was permitted with consent, owner consent had been given, the cl 4.6 written requests for variation of the height and FSR standards adequately addressed the required matters, the variations were consistent with the objectives of the standards and the B2 zone, there was no material adverse impact or public benefit in maintaining strict compliance, and conditional consent was therefore within the Court's proper functions under s 4.16 of the Environmental Planning and Assessment Act 1979 and s 34 of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
25 June 2021
Procedural Posture
Class 1 Development Application Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application 10.2019.576.1 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
The cl 4.6 written requests were upheld, the appeal was upheld, and the mixed use development at 7 Marvell Street, Byron Bay was approved subject to Annexure A.
Legal Topics
['development Application Appeal' 'conciliation Conference' 'clause 4.6 Written Requests' 'height of Buildings Development Standard' 'floor Space Ratio Development Standard' 'mixed Use Development']
['environmental and Planning Law' 'development Consent'] ['development Application Appeal' 'conciliation Conference' 'clause 4.6 Written Requests' 'height of Buildings Development Standard' 'floor Space Ratio Development Standard' 'mixed Use Development']

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Procedural Posture

Class 1 Development Application Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application 10.2019.576.1 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court could make orders reflecting the parties' agreement under s 34 of the Land and Environment Court Act 1979." "Whether the applicant's cl 4.6 written request to vary the height of buildings standard in cl 4.3 of the Byron Local Environmental Plan 2014 should be upheld." "Whether the applicant's cl 4.6 written request to vary the floor space ratio standard in cl 4.4 of the Byron Local Environmental Plan 2014 should be upheld." 'Whether development consent should be granted to the proposed mixed use development on a conditional basis.']

Ratio Decidendi

The Court could make the agreed orders because the site was in the B2 Local Centre zone where tourist and visitor accommodation was permitted with consent, owner consent had been given, the cl 4.6 written requests for variation of the height and FSR standards adequately addressed the required matters, the variations were consistent with the objectives of the standards and the B2 zone, there was no material adverse impact or public benefit in maintaining strict compliance, and conditional consent was therefore within the Court's proper functions under s 4.16 of the Environmental Planning and Assessment Act 1979 and s 34 of the Land and Environment Court Act 1979.

Court Disposition

The cl 4.6 written requests were upheld, the appeal was upheld, and the mixed use development at 7 Marvell Street, Byron Bay was approved subject to Annexure A.

Orders

  • ["The applicant's written request dated 7 May 2021 pursuant to cl 4.6 of the Byron Local Environmental Plan 2014 seeking variation of the development standard relating to the height of buildings contained in clause 4.3 is upheld." "The applicant's written request dated 13 May 2021 pursuant to cl 4.6 of the Byron...