Reflections took Byron Shire Council to the Land and Environment Court over an issue relating to one of its Brunswick Heads sites

A coastal cypress pine population has been a key issue in the dispute as to whether the holiday park operator can continue to use the site for camping and caravan activities.

An aerial image of Brunswick Heads.

A judgment is expected to be handed down this week in the Land and Environment Court proceedings between Byron Shire Council and a holiday park operator.

The case involves a deemed refusal appeal brought against the council by NSW Crown Holiday Parks Land Manager, trading as Reflections Holiday Parks Terrace Reserve, over an activity application which was not approved within a specific amount of time.

That application sought approval for the continued operations of the existing holiday park at Terrace Reserve in Brunswick Heads.

The court has previously heard a significant concern relates to the park’s operations around the southern precinct, where there is a coastal cypress pine population.

In a report that went before a council meeting in December last year, a town planner said the endangered ecological community had been “degraded … over several decades”.

Reflections Holiday Parks CEO Steve Edmonds has previously confirmed the activity application was lodged with the council on August 7, 2019.

The matter proceeded to a hearing before the Land and Environment Court on various dates in March and April.

The case returned to court on Monday and judgment, to be handed down by Justice Nicola Pain, has been scheduled for Tuesday.

Earlier on in the case, Justice Pain made a ruling on the preliminary issue of whether Reflections could rely on new site plans which were finalised in February.

Justice Pain said in her April decision Reflections was “seeking to substitute a plan with less camping and caravan park sites in the southern precinct and more in the way of environmental works and protections”.

“It will be substantially the same application since it continues to be an application for a camping and caravan park,” she said.

“It is material that should be before the court and can be relied on by the applicant.”

The council had argued the new plans should not be relied on by Reflections because the changes included were “not minor”.

Justice Pain’s judgment that has been set down for Tuesday is expected to relate to the primary appeal.