Osbourne v Byron Shire Council

[2010] NSWLEC 1139

Land and Environment Court

of New South Wales

CITATION:	Osbourne v Byron Shire Council [2010] NSWLEC 1139
PARTIES:	APPLICANT D Osbourne RESPONDENT Byron Shire Council
FILE NUMBER(S):	10022 of 2010
CORAM:	Moore SC
KEY ISSUES:	CONSENT ORDERS - DEVELOPMENT APPLICATION :-
DATES OF HEARING:	4 May 2010
EX TEMPORE JUDGMENT DATE:	4 May 2010
LEGAL REPRESENTATIVES:	APPLICANT Mr M Young, solicitor McCartney Young RESPONDENT Ms P Hudson, solicitor Marsdens Law Group

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

MOORE SC

4 May 2010

10/10022 Osbourne v Byron Shire Council

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

1 SENIOR COMMISSIONER: In these proceedings, relating to a dwelling to be altered and given additions at New Brighton, somewhat to the north of Byron in Byron Shire Council's (the council) area, all of the issues have been resolved by agreement between the parties. As to the issue of the concurrence of the Director-General of the Department of Planning (the Department), a concurrence that had previously been withheld, I am now satisfied, as a consequence of an e-mail from the Team Leader (Local Planning) of the northern region of the Department, dated 30 April 2010, to the applicant's solicitor, that this provides the necessary indication that the Director-General's concurrence is now granted on the basis of the restrictions that are proposed and that are discussed in the joint report that forms Exhibit 2 in the proceedings.

2 There were, as I noted when I read the council's documents that had been filed in the proceedings, no objections to the proposed development. As a consequence, there is no basis upon which I could decline to make the consent orders that are now proposed and the orders of the court reflect, therefore, the proposed consent orders.

3 The Court orders, by consent, that:

1. The Appeal is upheld; and
2. Development Application DA10.2008.7001 for alterations and additions to an existing dwelling house on the land at 14 Gaggin Street, New Brighton, is approved subject to the conditions in Annexure “A”.

Senior Commissioner