Robson v Tweed Council [2000] NSWLEC 170

Land and Environment Court of New South Wales

CITATION : Robson v Tweed Council [2000] NSWLEC 170 APPLICANT: Robson PARTIES : RESPONDENT: Tweed Council FILE NUMBER(S) : 10581 of 1999 CORAM: Bignold J KEY ISSUES: Question of Law :- Whether proposed development permissible under LEP. Meaning of savings provision. Meaning of adjoining or contiguous. LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 97 CASES CITED: DATES OF HEARING: 08/05/00 DATE OF JUDGMENT: 08/04/2000

APPLICANT: Mr O Hughes, Solicitor SOLICITORS Trevor Beazley & Assoc LEGAL REPRESENTATIVES: RESPONDENT: Mr J Webster, Barrister SOLICITORS Halliday and Stainlay

JUDGMENT: IN THE LAND AND Matter No . 10581 of 1999 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 4 August 2000

S W AND J M ROBSON Applicant v

TWEED SHIRE COUNCIL Respondent

JUDGMENT

Bignold J:

A. INTRODUCTION

1. The Council has raised for preliminary determination in pending class 1 proceedings the question whether the proposed development, being the erection of a dwelling-house, is prohibited by Tweed Local Environmental Plan 2000 (the LEP).

2. The question was originally framed by reference to the then applicable environmental planning instrument (Tweed Local Environmental Plan 1987).

3. However, that instrument was repealed by the LEP which came into force on 7 April 2000. Hence, the same question has been reframed to refer to the LEP and the case has been conducted on the basis that the LEP is the current governing instrument.