Twin Towns Services Club Ltd v Tweed Shire Council [2021] NSWLEC 1495

Land and Environment Court New South Wales

Medium Neutral Citation: Twin Towns Services Club Ltd v Tweed Shire Council [2021] NSWLEC 1495 Hearing dates: 9-12 August 2021 Date of orders: 30 August 2021 Decision date: 30 August 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: Proceedings 2020/295542 The orders of the Court are: (1) The appeal is dismissed. (2) Development Application No 20/0246 for removal of existing bowling greens and children's outdoor play area, subdivision of the site into two lots, and construction of two supermarkets and retail spaces, including carparking, on Lot 1, is refused. (3) The exhibits, other than Exhibits 1, 2, A and B, are returned. Proceedings 2020/295523 The orders of the Court are: (1) The appeal is dismissed. (2) Development Application No 20/0232 for alterations and addition to the Club Banora building on Lot 2, including alterations to the existing Club Banora car park and access arrangements from Leisure Drive, is refused. (3) The exhibits, other than Exhibits 1, 2, A and B, are returned. Catchwords: DEVELOPMENT APPLICATION – subdivision into two lots – construction of a retail development on one lot and alterations and additions to an existing club – demand for additional retail facilities and impact on the viability of existing retail centres – inadequate site analysis – form of the retail development proposal is inconsistent with the site specific planning and design principles Legislation Cited: Environmental Planning and Assessment Act 1979 s 8.7 Land and Environment Court Act 1979 s 34 Tweed Local Environmental Plan 2014 cll 2.6, 4.3, 4.4 Texts Cited: Tweed Shire Development Control Plan 2008 Chapter B28 Category: Principal judgment Parties: Proceedings 2020/295542 Twin Towns Services Club Ltd (Applicant) Tweed Shire Council (Respondent)