8 Marvell Street Pty Ltd v Byron Shire Council [2026] NSWLEC 1363
Before: Targett C · NSW Land and Environment Court
Summary
APPEAL – Development application – conciliation conference – agreement between the parties – orders
Catchwords
APPEAL – Development application – conciliation conference – agreement between the parties – orders
Outcome
The Court orders that: (1) The appeal is upheld. (2) Development Application 10.2025.280.1 for the demolition of existing buildings, removal of existing site vegetation and the construction of a mixed use building containing basement carpark, ground floor retail and ten shop top apartments including two affordable housing units at 8 Marvell Street, Byron Bay NSW 2481, also known as Lot 9 in Section 33 in Deposited Plan 758207 is determined by the grant of consent subject to the conditions in Annexure A. (3) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the applicant is to pay the respondent’s costs thrown away as agreed or assessed.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7, 8.10, 8.11, 8.15 Land and Environment Court Act 1979 (NSW), ss 17, 34 Byron Bay Local Environmental Plan 2012, cll 4.3, 4.3A, 4.4, 4.6, 5.21, 6.1, 6.2, 6.6, 6.13, 6.14 Environmental Planning and Assessment Regulation 2021 (NSW), ss 29, 38 State Environmental Planning Policy (Housing) 2021, Ch 2, 4, ss 15, 16, 19, 20, 21, 145, 147, Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48
Read the full judgment
Authoritative text on NSW Caselaw · ~23k words
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