Palm Development Company Pty Limited v Tweed Shire Council [2023] NSWLEC 1491

Land and Environment Court New South Wales

Medium Neutral Citation: Palm Development Company Pty Limited v Tweed Shire Council [2023] NSWLEC 1491 Hearing dates: Conciliation conference 25 August 2023 Date of orders: 30 August 2023 Decision date: 30 August 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld (2) Development Application No. 22/0566 for subdivision of one lot into three lots; removal of trees from proposed Lots 1 and 3; translocation of six trees and compensatory tree planting and landscaping; demolition of existing carport; alteration of existing garage to align with façade of existing dwelling; demolition of existing pergola on at rear of dwelling; removal of swimming pool and filling of resultant void; creation of easements, rights of carriageways and restrictions to use in the Asset Protection Zone at 7-13 Broadway Burringbah. Catchwords: DEVELOPMENT APPLICATION – subdivision, building works and tree removal – amended plans and information – agreement reached between the parties – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.46, 8.14, 8.7, Pt 4 Environmental Planning and Assessment Regulation 2021, ss 23, 37 Land and Environment Court Act 1979, s 34 Local Land Services Act 2013, Pt 5A, s 60O Rural Fires Act 1997, s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Tweed Local Environmental Plan 2014, cll 2.6, 2.7, 4.1, 7.10 Texts Cited: AS 3959-2018- Construction of Buildings in Bushfire Prone Areas NSW Rural Fire Service Planning for Bushfire Protection 2019 Tweed Shire Council Community Engagement and Participation Plan 2019-2024 Category: Principal judgment Parties: Palm Development Company Pty Limited (Applicant) Tweed Shire Council (Respondent) Representation: Counsel: A Sattler (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)