Ronstar v Byron Shire Council

[2007] NSWLEC 49

Land and Environment Court

of New South Wales

CITATION:	Ronstar v Byron Shire Council [2007] NSWLEC 49
PARTIES:	Applicant: Ronstar Pty Ltd Respondent: Byron Shire Council
FILE NUMBER(S):	10833 of 2006
CORAM:	Roseth SC
KEY ISSUES:	Development Application :- hiotel and bottleshop, owner's consent for access
DATES OF HEARING:	01/02/2007
EX TEMPORE JUDGMENT DATE:	1 February 2007
LEGAL REPRESENTATIVES:	Applicant: Mr A Metcalf, barrister instructed by Mr G Latham, solicitor of Somerville Laundry Lomax Lawyers Respondent: Mr A Seton, solicitor of Marsdens Law Group

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Roseth SC

1 February 2007

10833 of 2006 Ronstar Pty Ltd v Byron Shire Council

JUDGMENT

1 Senior Commissioner: This is an appeal against the refusal by Byron Shire Council (the council) of a development application for alterations and additions to the existing hotel and bottle shop on lot 8 DP 774795 and lot 2 DP 616403 Broken Head Road, Suffolk Park.

2 At the time of lodgement of the appeal, the council filed a Statement of Issues containing three issues, of which one was the public interest. The other two issues related to parking and access, and the public interest also related to parking and access. Mr Jeff Begovic, the council’s development manager, and Mr Stephen Connelly, a planner retained by the applicant, met in joint conference and agreed that there were no physical constraints to adequate access and parking arrangements. The only problem remained that access was over the adjoining allotment, which the applicant did not own. Until the day of the hearing, the owner, Hillvor Pty Ltd, objected to the proposal and denied access. On the day of the hearing, however, the directors of Hillvor relented and issued a letter withdrawing their objection and granting their agreement for access. There being no other objectors to the application, this removed all obstacles to the granting of consent orders.

Consent orders

1. The appeal is upheld.

2. Development application for alterations and additions to the existing hotel and bottle shop on lot 8 DP 774795 and lot 2 DP 616403 Broken Head Road, Suffolk Park is determined by the granting of consent subject to the conditions in Annexure A.

3. The exhibits are retained on the Court’s files.

________________
Dr John Roseth
Senior Commissioner