Nankivell v Tweed Shire Council [2015] NSWLEC 1125

Land and Environment Court New South Wales

Medium Neutral Citation: Nankivell v Tweed Shire Council [2015] NSWLEC 1125 Hearing dates: 13-14 April 2015 Decision date: 28 April 2015 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: Dwelling houses; subdivision; compliance with development standard; impact on adjoining properties; bulk, scale and character Legislation Cited: Tweed Local Environmental Plan 2000; Tweed Local Environmental Plan 2014; Rural Fires Act 1997; North Coast Regional Environmental Plan; State Environmental Planning Policy No. 1 – Development Standards; State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Cases Cited: Winten Property Group Ltd v North Sydney Council [2001] NSWLEC 24; Wehbe v Pittwater Council [2007] NSWLEC 827 Texts Cited: Tweed Shire Development Control Plan 2008 Category: Principal judgment Parties: Robert Nankivell (Applicant)

Tweed Shire Council (Respondent) Representation: Solicitors: Mr C Gough, Storey & Gough Lawyers (Applicant)

Ms P Hudson & Mr A Seton, Marsdens Law Group (Respondent) File Number(s): 10680 of 2014

Judgment 1. Mr Nankivell lodged Development Application DA13/0654 with Tweed Shire Council on 12 November 2013 seeking consent to demolish an existing dwelling house, two lot subdivision and the erection of a dwelling house and swimming pool on each of the two lots as a staged development at No 40 Queen Street, Fingal Head. The council refused consent on 11 August 2014 and Nankivell is appealing that decision. 2. The council does not oppose the subdivision or the dwelling on proposed lot 1 however does contend the impacts of the dwelling on lot 2 would be unacceptable and not compliant with a development standard that relates to overshadowing.