The Land and Environment Court have dismissed an appeal by a proponent to build a residential subdivision development at Broken Head Quarry, south of Byron Bay.
Byron Shire Council refused the development application back in 2014 owing to it being inconsistent with the zone objectives and being in breach of minimum allotment size. Council’s legal team also said it did not meet the current and future desired character of the area.
Additionally, Council also found that the proposal was likely to have an impact on threatened species and have an unacceptable and cumulative impact on the Aboriginal cultural significance of Taylors Lake.
Council’s legal co-ordinator Ralph James said in December 2015 the then-acting senior commissioner dismissed the application.
‘The applicant then appealed on the basis that an error in respect of the law had been made. This too was then dismissed last week and the matter has now ended,’ he said. Mr James said the proponent would be required to cover Council’s court and legal costs.
