Stokes v Tweed Shire Council [2017] NSWLEC 1542

Land and Environment Court New South Wales

Medium Neutral Citation: Stokes v Tweed Shire Council [2017] NSWLEC 1542 Hearing dates: 23 August 2017 Date of orders: 23 August 2017 Decision date: 23 August 2017 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. Development Application DA16/0742 for a two lot subdivision at 2 Cambridge Court, Kingscliff is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibit A. Catchwords: DEVELOPMENT APPLICATION: subdivision – non-compliance with minimum kerb frontage requirement Legislation Cited: Environmental Planning and Assessment Act 1979 Tweed Development Control Plan 2008 Tweed Local Environmental Plan 2014. Category: Principal judgment Parties: Fergus Stokes (Applicant) Tweed Shire Council (Respondent) Representation: Counsel: Mr C Gough, solicitor (Applicant) Ms M Hawley, solicitor (Respondent)

Solicitors: Storey & Gough Lawyers (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2017/126607 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal against the refusal of Development Application DA16/0742 that seeks approval for a two lot subdivision at 2 Cambridge Court, Kingscliff (the site). The subdivision provides that proposed Lot 1 will have an area of 568.6 sqm and proposed Lot 2 will have an area of 691.4 sqm.

The site 1. The site is described as Lot 14 in DP803814. Cambridge Court is a cul-de-sac and the site is located within the cul-de-sac head. It has an area of 1260 sqm and is a battle-axe allotment. The lot frontage to Cambridge Court is 4.236 m with an approximate 3.178m kerb frontage. The site is generally flat with a dwelling and a number of existing trees, mainly around the perimeter of the site. Proposed lot 1 will contain the existing dwelling. 2. The locality is an established urban area that is situated about 1.2 km south-west of Kingscliff CBD. The Kingscliff TAFE is located to the west of the site, and the Kingscliff High School is located to the south. The land to the north and east is used for residential purposes.