Conservation of North Ocean Shores Inc v Byron Shire Council & Ors

May 2009

CONOS (Conservation Of North Ocean Shores Inc) represented by EDO NSW was successful in its Land and Environment Court challenge to the development consent for the Splendour in the Grass Music Festival.

The Chief Judge of the Land and Environment Court has found that Byron Shire Council acted outside of its power when it granted consent to Splendour in the Grass to hold a music festival on high conservation value lands north of Byron Bay.

A significant part of the land the subject of the development consent is zoned for habitat protection under the Byron Shire Local Environmental Plan. The Court found that the development is properly characterised as a temporary place of assembly which is a prohibited use in the habitat zone.

The habitat zoning on the land was put in place after a detailed Commission of Inquiry in 1998 that had before it scientific evidence of the significance of the wildlife corridor on the land. The corridor is a regionally significant wildlife corridor linking coastal ecosystems to world heritage hinterland ecosystems. The development would have seen substantial earth works on the land to accommodate the music festival including a 25 metre wide tunnel excavated through the wildlife corridor requiring the removal of native vegetation and wildlife habitats.

EDO NSW was ably led by Mr Tomasetti Senior Counsel and Mr Eastman of Counsel. EDO NSW greatly appreciates their assistance in running important public interest matters.

Summons 

Applicant's Points of Claim 

Media - Northern Star

Case Summary Judgment