7 Steps Education Pty Ltd ATF The Fingal Children Trust v Tweed Shire Council [2023] NSWLEC 1762

Land and Environment Court New South Wales

Medium Neutral Citation: 7 Steps Education Pty Ltd ATF The Fingal Children Trust v Tweed Shire Council [2023] NSWLEC 1762 Hearing dates: Conciliation conference on 14 and 15 November 2023 Date of orders: 13 December 2023 Decision date: 13 December 2023 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The Appeal is upheld. (2) Modification Application DA18/0478.02, as further amended, for the removal of 1 additional tree on land identified as at Lot 1 in DP 1273277 and known as 20 Lagoon Road, Fingal Head NSW 2487, is approved subject to the conditions at Annexure A. (3) As a consequence of Order 1, Development Application No. 18/0478 is now subject to the consolidated, modified conditions of development consent set out in Annexure B. Catchwords: MODIFICATION APPLICATION – conciliation conference – tree removal for bushfire compliance – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Environmental Planning and Assessment Regulation 2021, s 113 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.7, 2.8 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 4

Category: Principal judgment Parties: 7 Steps Education Pty Ltd ATF The Fingal Children Trust (Applicant) Tweed Shire Council (Respondent) Representation: Counsel: T Poisel (Applicant) H Irish (Respondent)