Leader Commercial Pty Ltd v Tweed Shire Council [2023] NSWLEC 1376

Land and Environment Court New South Wales

Medium Neutral Citation: Leader Commercial Pty Ltd v Tweed Shire Council [2023] NSWLEC 1376 Hearing dates: Conciliation conference held on 3 July 2021 Date of orders: 18 July 2023 Decision date: 18 July 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA21/0981, which as amended seeks construction of a depot and light industrial development on Lot 14 in Deposited Plan 830659, also known as 26-28 Naru Street, Chinderah is determined by a grant of consent subject to conditions contained in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – depot and industrial development – flooding – conciliation conference conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 4.20, 4.47, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 2.10, 4.18 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cl 4 Tweed Local Environmental Plan 2014, cll 2.3, 5.21, 7.6, 7.8, 7.10, 7.15 Texts Cited: NSW Department of Planning and environment, "Apartment Design Guide", July 2015 Tweed Development Control Plan 2008 Tweed Coast Comprehensive Koala Plan of Management 2020 Tweed Valley Floodplain Risk Management Study and Plan 2014 Category: Principal judgment Parties: Leader Commercial Pty Ltd (Applicant) Tweed Shire Council (Respondent) Representation: Counsel: S Gadiel (Applicant) S Patterson (Respondent)