NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Baclon Pty Limited v Tweed Shire Council [2013] NSWLEC 1239 Hearing dates: 18-21 November 2013 Decision date: 17 December 2013 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: Development Application: expansion of Manufactured Home Estate; amenity of existing development; flooding; suitability of site; loss of trees/habitat/vistas; acoustics. Legislation Cited: Environmental Planning and Assessment Act 1979 Local Government (Manufactured Home Estates, Caravan Park, Camping Grounds and Movable Dwellings) Regulation 2005; Tweed Local Environmental Plan 2000; Cases Cited: Fabcot Pty Ltd v Hawkesbury City Council [1997] 93 LGERA 373; Lemworth v Liverpool City Council [2001] 53 NSWLR371; Salvation Army v Newcastle City Council [2000] NSWLEC36; Stromness Pty Limited v Woollahra Municipal Council [2006] NSWLEC 587 Texts Cited: Building Code of Australia; Tweed Local Environmental Plan 1987 Tweed Shire Council Development Control Plan 2008; Category: Principal judgment Parties: Baclon Pty Limited (Applicant)
Tweed Shire Council (Respondent) Representation: Counsel Mr D Miller (Applicant)
Mr M Staunton (Respondent) Solicitors Mr A Whealy Gadens Lawyers (Applicant)
Mr J Merlino HWL Ebsworth Lawyers File Number(s): 10166 of 2013
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