Burleigh One Pty Ltd v Tweed Shire Council [2024] NSWLEC 1745

Land and Environment Court New South Wales

Medium Neutral Citation: Burleigh One Pty Ltd v Tweed Shire Council [2024] NSWLEC 1745 Hearing dates: Conciliation conference on 31 October 2024 Date of orders: 20 November 2024 Decision date: 20 November 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant's written request under cl 4.6 of the Tweed Local Environmental Plan 2014 seeking a contravention of the maximum height standard under cl 4.3 is upheld. (2) The appeal is upheld. (3) Development application No. DA23/0632 for the construction of a 4-storey mixed use building comprising ground floor office and car parking and shop top housing comprising 12 dwellings at 100-102 Hastings Road, Bogangar, also legally known as Lots 181 and 182 of DP 259164, is determined by the grant of consent, subject to the conditions set out in Annexure 'A'. Catchwords: APPEAL – development application – mixed use development – conciliation conference – agreement between the parties – orders Legislation Cited: Coastal Management Act 2016, s 17 Environmental Planning and Assessment Act 1979, ss 4.15, 8.15(3) Land and Environment Court Act 1979, s 34 National Parks and Wildlife Act 1974 Environmental Planning and Assessment Regulation 2021, ss 23, 27, 29, 38 State Environmental Planning Policy (Housing) 2021, Ch 4, ss 145, 147; Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.10, 2.11, 2.12, 2.13; Ch 4, s 4.6 State Environmental Planning Policy (Sustainable Building) 2022, Ch 2, s 2.1; Schs 1, 2 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 2, s 2.48 Tweed Local Environment Plan 2014, cll 4.3, 4.4, 4.6, 5.10, 5.21, 7.1, 7.2, 7.6, 7.10 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Burleigh One Pty Ltd (Applicant) Tweed Shire Council (Respondent) Representation: Counsel: P Murray (Solicitor) (Applicant) H Irish (Respondent)