Newland Developers Pty Ltd v Tweed Shire Council [2023] NSWLEC 1144

Land and Environment Court New South Wales

Medium Neutral Citation: Newland Developers Pty Ltd v Tweed Shire Council [2023] NSWLEC 1144 Hearing dates: 8 – 11 November, 22 December 2023 Date of orders: 31 March 2023 Decision date: 31 March 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: Matter Number 2022/055836 (1) The appeal is dismissed. (2) Development Application number DA21/0967 for concept approval for the whole of the site for a seniors housing development pursuant to State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 as well as consent to carry out stage one works comprising subdivision to create the proposed seniors housing lots and subdivision works at 1 Seabreeze Boulevard, Pottsville (Lot 1747 DP 1215252) is determined by way of refusal. (3) The exhibits are returned with the exception of Exhibits A, J, 2. Matter Number 2022/297766 (1) The appeal is upheld. (2) Approval is granted for s 68 Application number DA21/0967 to carry out water and sewer supply works at Lot 1747 DP 1215252 known as Seabreeze Boulevard, Pottsville subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – concept development – stage one development -proposed community title subdivision – site nominated in development control plan as a school site – whether the provision should be varied – strategic provision of school facilities - satisfaction of flooding precondition in local environmental plan – whether there is sufficient detail as to water and sewer servicing – capacity of sewer infrastructure – appeal dismissed. Legislation Cited: Civil Procedure Act 2005, s 56 Environmental Planning and Assessment Act 1979, ss, 4.15, 4.16, 4.22, 4.24, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Local Government Act 1993, ss 68, 89 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, cll 4, 8, 13, 18, 21, 26, 27, 28, 32, 33 State Environmental Planning Policy (Housing) 2021, s 96, Sch 7A State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.113 Tweed Local Environmental Plan 2014, cll 2.6, 5.21, 7.4, 7.10 Cases Cited: Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 Bell v Minister for Urban Affairs and Planning (1997) 95 LGERA 86 Crighton Properties Pty Ltd v Kiama Municipal Council (2006) 146 LGERA 271; [2006] NSWLEC 297 Crighton Properties Pty Ltd v Kiama Municipal Council (2006) 146 LGERA 271; [2006] NSWLEC 297 Environmental Defence Society Inc v South Pacific Aluminium (No 4) [1981] 1 NZLR 530 HP Subsidiary Pty Ltd v Parramatta City Council [2020] NSWLEC 135 Jonah Pty Limited v Pittwater Council (2006) 144 LGERA 408; [2006] NSWLEC 99 Local Democracy Matters Incorporated v Infrastructure NSW; Waverley Council v Infrastructure NSW [2019] NSWLEC 20 Michael Brown Planning Strategies v Wingecarribee Shire Council (No 2) [2019] NSWLEC 192 Mison v Randwick Municipal Council (1991) 23 NSWLR 734 Newland Developers Pty Ltd v Tweed Shire Council [2017] NSWLEC 1021 Newland Developers Pty Ltd v Tweed Shire Council [2020] NSWLEC 1107 Principal Healthcare Finance Pty Ltd v Council of the City of Ryde (2016) 222 LGERA 212; [2016] NSWLEC 153 Renaldo Plus 3 Pty Ltd v Hurstville City Council [2005] NSWLEC 315 TL & TL Tradings Pty Ltd v Parramatta City Council [2016] NSWLEC 150 Uniting Church in Australia Property Trust (NSW) v Parramatta City Council [2018] NSWLEC 1129 Zaki Property Pty Ltd v Wollongong City Council [2022] NSWLEC 1526 Texts Cited: NSW Rural Fire Service, Planning for Bushfire Protection Tweed Development Control Plan 2008 Category: Principal judgment Parties: Newland Developers Pty Ltd (Applicant) Tweed Shire Council (Respondent) Representation: Counsel: J Reid (Applicant) H Irish (Respondent)