Martin v Tweed Shire Council [2025] NSWLEC 1076

Land and Environment Court New South Wales

Medium Neutral Citation: Martin v Tweed Shire Council [2025] NSWLEC 1076 Hearing dates: 29, 30 August, 22 October, 14 November 2024 Date of orders: 13 February 2025 Decision date: 13 February 2025 Jurisdiction: Class 1 Before: Targett C Decision: The Court orders that: (1) The applicants are to pay the respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed, in respect of the amendments made on 30 August, 3 October and 22 October 2024. (2) The appeal is dismissed. (3) Development consent for Development Application DA21/0807 for the use of three existing dwellings and two sheds and construction of a fourth dwelling, including pavilion (shade structure) and pool at 160 Richards Deviation, Dunbible, is refused. (4) The exhibits are returned, except for 1, 3, B, L, Q. Catchwords: DEVELOPMENT APPLICATION – rural land sharing community – permissibility - bushfire Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 8.7, 8.10, 8.14, 8.15, 10.3 Land and Environment Court Act 1979, ss 17, 34, 39 State Environmental Planning Policy (Primary Production) 2021, Sch 5, 6, cll 2, 6, State Environmental Planning Policy (Primary Production and Rural Development) 2019, Sch 5 Tweed Local Environmental Plan 2014, cll 1.8A, 7.10 Cases Cited: Minton v Shoalhaven City Council [2024] NSWLEC 1548 Category: Principal judgment Parties: John Martin (First Applicant) Bonita Martin (Second Applicant) Tweed Shire Council (Respondent) Representation: Counsel: M Seymour SC (Applicants) T Robertson SC (Respondent)