Raes Residence Pty Ltd v Byron Shire Council [2026] NSWLEC 1332
Before: Washington C · NSW Land and Environment Court
Summary
DEVELOPMENT APPLICATION – two detached dwelling houses – conciliation conference – agreement between the parties – orders
Catchwords
DEVELOPMENT APPLICATION – two detached dwelling houses – conciliation conference – agreement between the parties – orders
Outcome
The Court orders: (1) The appeal is upheld. (2) Development Application No 10.2024.230.1, as amended, for the construction of a dwelling and a swimming pool on Lot 2 DP 1208728 (1 Julian Place, referred to as the Main House) and a dwelling on Lot 13 DP112794 (8 Brownell Drive, referred to as the Garden House) including tree removal, earthworks, stormwater works, and landscaping works on both allotments, at 1 Julian Place and 8 Brownell Drive, Byron Bay, is determined by the grant of consent, subject to the conditions at Annexure A.
Legislation cited
Biodiversity Conservation Act 2016 (NSW), ss 7.2, 7.3, 7.7 Environmental Planning and Assessment Act 1979 (NSW) ss, 4.16, 4.46, 8.7 Land and Environment Court Act 1979 (NSW) ss, 34, 34AA Marine Estate Management Act 2014 (NSW), s 56 National Parks and Wildlife Act 1974 (NSW), s 90 Biodiversity Conservation Regulation 2017 (NSW) Byron Local Environmental Plan 2014, cll 4.3, 4.4, 4.6, 6.2, 6.6 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.7, 2.8, 2.10, 2.11, 2.12, 4.6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 2.7 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Transport and Infrastructure), s 2.48
Read the full judgment
Authoritative text on NSW Caselaw · ~12k words
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