Lindstro Pty Ltd v Tweed Shire Council [2017] NSWLEC 1150

Land and Environment Court New South Wales

Medium Neutral Citation: Lindstro Pty Ltd v Tweed Shire Council [2017] NSWLEC 1150 Hearing dates: 14,15 and 20 June, 30 August and written submissions 16 September 2016 Date of orders: 06 April 2017 Decision date: 24 March 2017 Jurisdiction: Class 1 Before: Dixon C Decision: (1) The Appeal is upheld (2) Consent is granted to the amended development application DA 15/0742 for the conversion of an existing boathouse to a combined boathouse and dwelling at Lot 602 in DP 1098619 known as Lot 602 Salt, NSW 2487 in accordance with the conditions of consent in Annexure A. (3) The Exhibits are returned. Catchwords: APPEAL – Development application for the conversion of a boathouse to provide for a dwelling – characterisation of the development - owners' consent to use of Council land for access - permissibility – amenity impacts Legislation Cited: Environment Protection and Biodiversity Conservation Act 1999 (Cth) Conveyancing Act 1919 Interpretation Act 1987 Land and Environment Court Act 1979 Local Government Act 1993 National Parks and Wildlife Act 1974 Threatened Species Conservation Act 1995 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Cases Cited: Chamwell Pty Ltd v Strathfield Council (2007) 151 LGERA 400; [2007] NSWLEC 114 City of Canterbury v Saad [2013] NSWCA 251 North Sydney Council v Ligon 203 Pty Ltd (1996) 185 CLR 470 Sydney City Council v Houlakis & Anor (1996) 92 LGERA 401 Sydney City Council v Ipoh (2006) 149 LGRA 329 Auburn Council v Constani & Anor [2000] NSWLEC 194 Category: Principal judgment Parties: Lindstro Pty Ltd (Applicant) Tweed Shire Council (Respondent) Representation: Counsel: C Ireland (Applicant) S Nash (Respondent)