Tactica Planning and Development Pty Ltd trading as Tactica Planning & Development v Tweed Shire Council [2022] NSWLEC 1538

Land and Environment Court New South Wales

Medium Neutral Citation: Tactica Planning and Development Pty Ltd trading as Tactica Planning & Development v Tweed Shire Council [2022] NSWLEC 1538 Hearing dates: Conciliation conference 2 September 2022 Date of orders: 04 October 2022 Decision date: 04 October 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld; (2) Development Application No. DA21/0038 seeking consent for the subdivision of Lot 12 DP 1003644 to create five (5) Torrens title lots, removal of vegetation, site grading and associated infrastructure works and construction of an access road through Lot 28 DP 250909, is determined by way of the grant of consent subject to the conditions in Annexure A. (3) The Applicant is to pay the respondent's costs thrown away, pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. Catchwords: DEVELOPMENT APPLICATION – subdivision – amended plans and further information – conciliation – agreement between the parties – orders made Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.46, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s100B State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Tweed Local Environmental Plan 2014, cll 2.6, 4.1, 7.1, 7.6, 7.10 Category: Principal judgment Parties: Tactica Planning and Development Pty Ltd Trading as Tactica Planning and Development (Applicant) Tweed Shire Council (Respondent) Representation: Counsel: J Bristow (Solicitor) (Applicant) J Corradini-Bird (Solicitor) (Respondent)