Horseshoe Properties Pty Ltd v Tweed Shire Council [2021] NSWLEC 1507

Land and Environment Court New South Wales

Medium Neutral Citation: Horseshoe Properties Pty Ltd v Tweed Shire Council [2021] NSWLEC 1507 Hearing dates: 22, 23, 24 and 25 June 2022, supplementary submissions 5 and 9 July 2022 Date of orders: 1 September 2021 Decision date: 01 September 2021 Jurisdiction: Class 1 Before: Clay AC Decision: In matter 2019/343924 the Court makes the following orders: (1) The appeal be dismissed. (2) Modification application S96/0066.22 in respect of Lot 469 in Deposited Plan 1144944, Henry Lawson Drive, Terranora is determined by refusal. (3) The exhibits be returned other than exhibits A, B, C and 4. In matter 2020/181898 the Court makes the following orders: (1) The appeal be dismissed. (2) Modification S96/0066.23 in respect of Lot 469 in Deposited Plan 1144944 Henry Lawson Drive, Terranora is determined by refusal. (3) The exhibits be returned other than exhibits A, B, C and 4. Catchwords: MODIFICATION APPLICATION – seeks to modify 101 lot residential subdivision – increase in number of lots to 110 – extension of approved road, deletion of open space to be dedicated to Council from one location and to be provided in another location –whether the development as proposed to be amended is substantially the same as the development as originally approved – other merit issues not necessary to consider Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.55, 8.9 Land and Environment Court Act 1979 s 56A Tweed Local Environmental Plan 2000 Tweed Local Environmental Plan 2014 Cases Cited: Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd (No 3) [2015] NSWLEC 75 Arrage v Inner West Council [2019] NSWLEC 85 Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298; [1999] NSWLEC 280 North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468 Vacik Pty Ltd v Penrith City Council [1992] NSWLEC 8 Texts Cited: Section 94 Plan No. 21 – Terranora Village Estate – Open Space and Community Facilities Tweed Shire Development Control Plan 2008 Tweed Shire Council Development Control Plan No. 1 Category: Principal judgment Parties: Horseshoe Properties Pty Ltd (Applicant) Tweed Shire Council (Respondent) Representation: Counsel: A Pearman (Applicant) H Irish (Respondent)