Elanora Breeze Pty Ltd v Tweed Shire Council [2023] NSWLEC 1338

Land and Environment Court New South Wales

Medium Neutral Citation: Elanora Breeze Pty Ltd v Tweed Shire Council [2023] NSWLEC 1338 Hearing dates: Conciliation conference on 16 June 2023 Date of orders: 30 June 2023 Decision date: 30 June 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application DA21/0582, as amended, for the demolition of existing buildings, subdivision of 2 lots into 4 lots, construction of 4 dual occupancies and strata subdivision on land legally described as Lot 5 DP 23576 and Lot 6 DP 23576, being 7 and 9 Elanora Avenue, Pottsville, is approved, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – appeal against the conditions of consent imposed on the development consent – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.16 Environmental Planning and Assessment Regulation 2000, cll 55, 55AA, 121B Environmental Planning and Assessment Regulation 2021, Sch 6 s 3 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021 s 2.10, 4.6 Tweed Local Environmental Plan 2014 cll 7.1, 7.2 Category: Principal judgment Parties: Elanora Breeze Pty Ltd (Applicant) Tweed Shire Council (Respondent) Representation: Counsel: M Young (Solicitor) (Applicant) D Loether (Solicitor) (Respondent)