Conway v Tweed Shire Council [2023] NSWLEC 1347

Land and Environment Court New South Wales

Medium Neutral Citation: Conway v Tweed Shire Council [2023] NSWLEC 1347 Hearing dates: Conciliation Conference 19 June 2023 Date of orders: 05 July 2023 Decision date: 05 July 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to DA22/0804 for alterations and additions to the lower and upper floor of an existing dwelling house and granny flat at 4 Eclipse Lane, Casuarina NSW 2487, which converts the structure back to a single dwelling house, and the use of certain works to the lower floor of the dwelling which have been constructed without consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPEAL – residential development – alterations and additions – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, cl 38 Land and Environment Court Act 1979, s 34 Tweed Local Environmental Plan 2000 Tweed Local Environmental Plan 2014, cll 5.11, 7.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Category: Principal judgment Parties: Vashti Elizabeth Conway (Applicant) Tweed Shire Council (Respondent) Representation: Counsel: N Hammond (Applicant) F Berglund (Respondent)