Gales-Kingscliff Pty Ltd v Tweed Shire Council [2007] NSWLEC 683

Reported Decision : 156 LGERA 389

Land and Environment Court of New South Wales

CITATION : Gales-Kingscliff Pty Ltd v Tweed Shire Council [2007] NSWLEC 683

APPLICANT Gales-Kingscliff Pty Ltd PARTIES : RESPONDENT Tweed Shire Council

FILE NUMBER(S) : 10775 of 2007

CORAM: Preston CJ

KEY ISSUES: Development Application :- proposed development of livestock grazing - whether permissible - interaction of State Environmental Planning Policy and Local Environmental Plan - State Environmental Planning Policy No 71 - Coastal Protection (cl 13) renders provision of an environmental planning instrument that allows development within a zone to be consented to as if it were in a neighbouring zone, or a similar provision, to be of no effect - Tweed Local Environmental Plan 2000 (cl 11) specifies as a nominate permissible development in the relevant zone "any use which is compatible with adjacent uses and with uses allowed (with or without consent) in adjacent zones" - whether that provision of Tweed Local Environmental Plan a provision described by State Environmental Planning Policy No 71

LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 97

CASES CITED: Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; Unicomb Development Services Pty Ltd v Shellharbour City Council (2003) 125 LGERA 170

DATES OF HEARING: 16 October 2007

EX TEMPORE JUDGMENT DATE : 16 October 2007

APPLICANT T Robertson SC with J Lazarus (Barrister) SOLICITORS Woolf Associates LEGAL REPRESENTATIVES: RESPONDENT J Griffiths SC with G Wright (Barrister) SOLICITORS Home Wilkinson Lowry