Site R & D Pty Ltd v Byron Shire Council (No 2) [2022] NSWLEC 1209

The appeal is upheld and development consent is granted for subdivision of land within the West Byron Urban Release Area, as parties have agreed to conditions reflecting the prior judgment.

Jurisdiction: Australia
Judgment Date: 21 April 2022
Procedural Posture: Appeal / Final Orders Made Post Judgment
Outcome: Appeal upheld; development consent granted
Legal Topics: ['development Application' 'land Subdivision' 'core Koala Habitat' 'frog Habitat' 'road Access Design']

['environmental Law' 'planning Law'] ['development Application' 'land Subdivision' 'core Koala Habitat' 'frog Habitat' 'road Access Design']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1

Procedural Posture

Appeal / Final Orders Made Post Judgment

Legal Issues

1 ['Whether the subject site contains core koala habitat' 'Whether potential impacts on frog habitat are acceptable' 'Whether design of road access is acceptable']

Ratio Decidendi

The appeal is upheld and development consent is granted for subdivision of land within the West Byron Urban Release Area, as parties have agreed to conditions reflecting the prior judgment.

Court Disposition

Appeal upheld; development consent granted

Orders

['The appeal is upheld' "Development Application 10.2017.661.1 is determined by way of the grant of consent, subject to conditions at Annexure 'A'" 'The exhibits are returned, except Exhibits A and 1']