Investments NQ Pty Ltd v Tweed Shire Council [2024] NSWLEC 1108

Land and Environment Court New South Wales

Medium Neutral Citation: Investments NQ Pty Ltd v Tweed Shire Council [2024] NSWLEC 1108 Hearing dates: 4 March 2024 Date of orders: 14 March 2024 Decision date: 14 March 2024 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court directs that: (1) The parties are directed to file a revised set of agreed conditions that omit any reference to the approval of subdivision or subdivision works, within two weeks of the date of this judgment. Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision and construction of two dwellings – works in the public reserve requiring owner's consent from Crown Lands – part of the site is mapped as littoral rainforest – the subdivision of the site is on land mapped as littoral rainforest – the proposal is designated development pursuant to s 2.7(2) of the State Environmental Planning Policy (Resilience and Hazards) 2021 and the development application is to be accompanied by an environmental impact statement pursuant to ss 4.10(1) and 4.12(8) of the Environmental Planning and Assessment Act 1979 Legislation Cited: Environmental Planning and Assessment Act 1979 ss 1.5, 4.10, 4.12, 4.16, 6.2, 8.7 Land and Environment Court Act 1979 s 34AA Environmental Planning and Assessment Regulation 2021 s 23 State Environmental Planning Policy (Resilience and Hazards) 2021 Ch 2, ss 2.1, 2.3, 2.7, 2.8, 2.10 and s 4.6 Tweed City Centre Local Environmental Plan 2012 (LEP 2012) cl 2.6, 4.3, 4.4, 6.1, 6.6, 6.10 Cases Cited: Mulyan Pty Ltd v Cowra Shire Council & Anor [1999] NSWLEC 212; (1999) 105 LGERA 26 Rose Bay Afloat Pty Ltd v Woolahra Council [2002] NSWLEC 208 D L Newport Pty Ltd v Northern Beaches Council [2017] NSWLEC 1661 Category: Principal judgment Parties: Investments NQ Pty Ltd (Applicant) Tweed Shire Council (Respondent) Representation: Counsel: A Gadiel (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)