Stewartville Pty Ltd v Transitional Coastal Panel [2018] NSWLEC 1681

Stewartville Pty Ltd v Transitional Coastal Panel [2018] NSWLEC 1681

With agreed expert and party submissions, and subject to imposed conditions, the proposed repair and maintenance of the seawall meets all jurisdictional preconditions under relevant planning and environmental legislation, does not unreasonably limit public access or present new hazards, and is consistent with zone objectives and planning instruments; accordingly, development consent is granted.

Parties
Applicant: Stewartville Pty Ltd; Respondent: Transitional Coastal Panel
Jurisdiction
Australia
Judgment Date
21 December 2018
Procedural Posture
Class 1 Appeal / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
Development Application, Coastal Protection Works, Repair and Maintenance of Seawall, Public Access, Planning Instruments
Environmental Law Planning Law Development Application Coastal Protection Works Repair and Maintenance of Seawall Public Access Planning Instruments

Case Brief

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Parties

Stewartville Pty Ltd

Applicant

Transitional Coastal Panel

Respondent

Procedural Posture

Class 1 Appeal / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 Whether the repair and maintenance of the existing seawall should be approved under environmental and planning legislation;
  2. 2 Whether all statutory and regulatory preconditions for development consent are met, including in relation to public access, coastal processes, and funding for maintenance.

Ratio Decidendi

With agreed expert and party submissions, and subject to imposed conditions, the proposed repair and maintenance of the seawall meets all jurisdictional preconditions under relevant planning and environmental legislation, does not unreasonably limit public access or present new hazards, and is consistent with zone objectives and planning instruments; accordingly, development consent is granted.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • The appeal is upheld.
  • Development Application number CP 17-008 to undertake repairs to the existing seawall located on Crown Land immediately seaward of 6B Childe Street, Byron Bay is approved subject to the conditions found in Annexure A.