Byron Ventlink Pty Ltd v Byron Shire Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Byron Ventlink Pty Ltd v Byron Shire Council [2016] NSWLEC 1374 Hearing dates:9, 10 June 2016Date of orders: 31 August 2016 Decision date: 31 August 2016 Jurisdiction:Class 1Before: Dixon C Decision: (1) The appeal is dismissed.(2) The application for a construction certificate and accompanying application under s138 the Roads Act 1993 lodged on 22 January 2016 are refused.(3) The exhibits are returned. Catchwords: APPEAL - Construction certificate application for the installation of an electrical pad mount transformer within the Council’s road reserve – whether the design and construction of the works are not inconsistent with the development consent – construction of the development consent Legislation Cited: Building Code of Australia Environmental Panning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Roads Act 1993 Cases Cited: Burwood Council v Ralan Burwood (No 3) (2014) 206 LGERA 40 Lend Lease Communities (Wilton) Pty Limited v Wollondilly Shire Council [2016] NSWLEC 1066 Moy v Warringah Council [2004] NSWCCA 77 Zangzinchai v Millanta [1994] FCA 1361 Category:Principal judgmentParties: Byron Ventlink Pty Ltd (Applicant) Byron Shire Council (Respondent) Representation: Counsel: Scott Nash, barrister (Applicant) Adam Seton, solicitor (Respondent)   Solicitors: McCartney Young Lawyers (Applicant) Marsdens Law Group (Respondent) File Number(s):2016/00165812 (Formerly 2016/10170)Publication restriction:NoJudgment These proceedings comprise an appeal under s 109K of the Environmental Planning and Assessment Act 1979 (the EPA Act) against the Council’s refusal of an application to issue a construction certificate, together with an accompanying application under s 138...