Ghamraoui v Tweed Shire Council [2022] NSWLEC 1612

Land and Environment Court New South Wales

Medium Neutral Citation: Ghamraoui v Tweed Shire Council [2022] NSWLEC 1612 Hearing dates: 7-9 September 2022 Date of orders: 04 November 2022 Decision date: 04 November 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application DA 21/0689 for the demolition of existing buildings and the construction of a 12 storey residential flat building containing 96 units and 3 levels of basement parking (in addition to 2 part levels), tree removal, site consolidation and strata subdivision is determined by the grant of consent, subject to conditions of consent at Annexure A. (3) All Exhibits are returned, but for Exhibits A, D and 9. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – residential flat building in R3 Medium Density Residential zone – view loss assessment – whether proposed development exhibits design excellence – consideration of public submissions Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979, ss 4.16, 4.46, 7.11 8.7 Environmental Planning and Assessment Regulation 2000, cll 3, 50, 55 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cll 28, 30 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Tweed City Centre Local Environmental Plan 2012, cll 2.7 4.3, 4.4, 6.1, 6.10 Water Management Act 2000 Cases Cited: Toga Penrith Developments Pty Limited v Penrith City Council [2022] NSWLEC 117 Texts Cited: Apartment Design Guide Tweed Development Control Plan 2008 Category: Principal judgment Parties: Harry Ghamraoui (Applicant) Tweed Shire Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) N Eastman (Respondent)