Gordon Highlands Pty Ltd v Byron Shire Council

Land and Environment Court New South Wales Medium Neutral Citation: Gordon Highlands Pty Ltd v Byron Shire Council [2014] NSWLEC 1208 Hearing dates:11 - 12 September, 2014Decision date: 07 October 2014 Jurisdiction:Class 1Before: O'Neill C Decision: 1. The appeals are dismissed.2. Development Application No. 10.2013.570.1 for the demolition of existing structures and construction of a two storey, residential and commercial building, including 8 dwellings, 3 shops and basement car parking at 9 Station Street, Bangalow, is refused. DA10.2014.4.1 for the removal of two street trees is refused.3. The exhibits, other than exhibit 3, are returned. Catchwords: DEVELOPMENT APPLICATION: mixed use development; heritage conservation area; whether the proposal is consistent and compatible with the existing and future character of the streetscape; density; height; bulk and scale. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Blackmore Design Group Pty Ltd v North Sydney Council (2001) 118 LGERA 290 Helou v Strathfield Municipal Council (2006) 144 LGERA 322 Hrsto v Canterbury City Council (No 2) [2014] NSWLEC 121 Architectural Property Services Pty Ltd v Rockdale City Council [1999] NSWLEC 83 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Category:Principal judgmentParties: Gordon Highlands Pty Ltd (Applicant) Byron Shire Council (Respondent) Representation: Mr G. Green (Applicant) Mr A. Seton (Respondent) Pikes and Verekers Lawyers (Applicant) Marsdens Law Group (Respondent) File Number(s):10216 and 10284 of 2014 JudgmentCOMMISSIONER: These are two appeals, pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979. The...