Urbex 117 Pty Ltd v Tweed Shire Council [2023] NSWLEC 1265

Land and Environment Court New South Wales

Medium Neutral Citation: Urbex 117 Pty Ltd v Tweed Shire Council [2023] NSWLEC 1265 Hearing dates: Conciliation conference on 21 February and 31 March 2023 Date of orders: 1 June 2023 Decision date: 01 June 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) The appeal is upheld. (2) The Applicant is to pay those costs of the Respondent thrown away as a result of the amendment of the application for development consent as agreed or assessed in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) Development consent is granted to development application DA 21/0517, as amended, for the demolition of existing structures on site, construction of a four-storey residential flat building with basement car parking, swimming pool and related landscaping subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPEAL – demolition and residential flat development – conciliation conference – amended plans – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 8.15, Environmental Planning and Assessment Regulation 2021, ss 29, 38 Land and Environment Court Act 1979, ss 34 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development 2002, cl 30, Sch 1 State Environmental Planning Policy No 55 – Remediation of Land 1998, cll 7 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 2.12, 2.13,4.6, State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 Tweed Local Environmental Plan 2014, cll 4.15, 5.21, 7.6, 7.8, 7.10 Category: Principal judgment Parties: Urbex 117 Pty Ltd (Applicant) Tweed Shire Council (Respondent) Representation: Counsel: S Gadiel (Solicitor) (Applicant) D Loether( Solicitor) (Respondent)