Tricare (Hastings) Limited v Tweed Shire Council [2013] NSWLEC 183

Land and Environment Court New South Wales

Medium Neutral Citation: Tricare (Hastings) Limited v Tweed Shire Council [2013] NSWLEC 183 Hearing dates: 24 October 2013 Decision date: 31 October 2013 Jurisdiction: Class 4 Before: Biscoe J Decision: (1) Declaration that the land on which the development pursuant to the development consent issued by Tweed Shire Council numbered DA06/0413 dated 14 May 2007 and modified on 18 July 2008, 30 April 2009 and 25 March 2010 (2007 Consent) is to be carried out comprises the whole of the land identified as Lot 1 DP 786570 being land at 87-89 Tweed Coast Road Hastings Point (Land). (2) Declaration that the 2007 Consent approves a change in the use of the Land. (3) Declaration that under the 2007 Consent, residential sites 51, 54, 58, 59 and 60 on the Land are to be used for a purpose other than that of residential sites by no later than 20 September 2016. (4) Declaration that under the 2007 Consent, residential site 39 on the Land is to be used for a purpose other than that of a residential site by no later than the time of issue of an occupation certificate for Stage Two of the development. (5) The applicant is to pay the respondents' costs unless a party applies for a different costs order within 7 days by letter to the Registrar accompanied by written submissions. Catchwords: JUDICIAL REVIEW - construction of a development consent for a large seniors living development - residential caravan park sites already on the land pursuant to long term site agreements under Residential Parks Act 1998 - termination notices served under s 102 on ground that sites are to be used for a purpose other than that of residential sites - proceedings to enforce termination notices in Consumer Trader and Tenancy Tribunal - those proceedings stood over to enable applicant to seek declarations in Land and Environment Court as to the construction of the development consent. Legislation Cited: Residential Parks Act 1998 s 102(1) Local Government Act 1993 s 68 Cases Cited: Allandale Blue Metal Pty Ltd v Roads and Maritime Services [2013] NSWCA 103, (2013) 195 LGERA 182 Category: Principal judgment Parties: Tricare (Hastings) Limited (Applicant) Tweed Shire Council (First Respondent) Susan Jane Allen (Second Respondent) Beryl Edith Anderson (Third Respondent) Kevin and Lorraine Byng (Fourth Respondent) Robert and Helen Verrills (Fifth Respondent) Representation: COUNSEL: S Berveling (Applicant) M McMahon (Second to Fifth Respondents) SOLICITORS: Minter Ellison (Applicant) Submitting appearance (First Respondent) Tenants Union of NSW Co-Op Ltd (Second to Fifth Respondents) File Number(s): 40629/13