MPR Properties No 3 Pty Ltd v Tweed Shire Council [2017] NSWLEC 1643

Land and Environment Court New South Wales

Medium Neutral Citation: MPR Properties No 3 Pty Ltd v Tweed Shire Council [2017] NSWLEC 1643 Hearing dates: 1 and 2 August 2017; further submissions 11 and 18 August 2017 Date of orders: 27 November 2017 Decision date: 27 November 2017 Jurisdiction: Class 1 Before: Martin SC Decision: The orders of the Court are:

(1) The appeal is upheld.

(2) Development Application Non 16/0059 for development consent and landowner's consent for the demolition of an existing building, erection of a service station and ancillary signage is determined by approval subject to the conditions annexed marked "A".

(3) The Exhibits, save for 1, 4, 9 and E, are returned. Catchwords: DEVELOPMENT APPEAL – actual refusal of development application for service station and convenience store – landowner's consent for road reserves - flood prone land – sensitive urban design – visual impact – suitability of the site for development – appeal allowed Legislation Cited: Environmental Planning and Assessment Act 1979 ss 79C, 79C(3A), 97(1) Environmental Planning and Assessment Regulation 2000 cl 49 Land and Environment Court Act 1979 s 39(2) Roads Act 1993 s 138 State Environmental Planning Policy (Infrastructure) 2007 cl 101 Tweed Development Control Plan 2008 Tweed Local Environmental Plan 2014 Cases Cited: Modern Motels Pty Limited v Fairfield City Council [2013] NSWLEC 138 Texts Cited: Nil Category: Principal judgment Parties: MPR Properties No 3 Pty Ltd (Applicant) Tweed Shire Council (Respondent) Representation: Counsel: Ms H Irish (Applicant) Ms K Gerathy (solicitor)(Respondent)