The Heran Building Group Pty Ltd v Tweed Shire Council [2024] NSWLEC 1490

Land and Environment Court New South Wales

Medium Neutral Citation: The Heran Building Group Pty Ltd v Tweed Shire Council [2024] NSWLEC 1490 Hearing dates: Conciliation on 7 August 2024 Date of orders: 14 August 2024 Decision date: 14 August 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) The Applicant's written request under clause 4.6 of the Tweed City Centre Local Environmental Plan 2012 (the TCC LEP) seeking a contravention of the development standard for height of buildings set out in clause 4.3(2) of the TCC LEP is upheld. (3) Development application DA22/0515 for a residential flat building at 13-19 Enid Street, Tweed Heads (Lots 8, 9, 10, 11 in DP224382) is determined by the grant of consent, subject to the conditions set out in Annexure A. (4) The Applicant is to pay those costs of the Respondent thrown away as a result of the amendment of the application for development consent referred to in [11(1)] as agreed or assessed in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979. Catchwords: APPEAL – development application – residential flat building – breach of height development standard – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.20, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Water Management Act 2000, s 90 Environmental Planning and Assessment Regulation 2021, ss 27, 29, 37, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 4, s 4.8 State Environmental Planning Policy (Housing) 2021, Ch 4, Sch 7A s 8(2A), s 147 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.12, 2.13, 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021. s 2.48 Tweed City Centre Local Environmental Plan 2012, cll 4.3, 4.4, 4.6, 6.1, 6.6, 6.9, 6.10 Texts Cited: Tweed Coast Comprehensive Koala Plan of Management 2020 Tweed Coastline Management Plan (Tweed Shire Council, 2005) Category: Principal judgment Parties: The Heran Building Group Pty Ltd (Applicant) Tweed Shire Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) A Pickles SC (Respondent)