Ladehai Pty Ltd v Tweed Shire Council [2018] NSWLEC 1016

Land and Environment Court New South Wales

Medium Neutral Citation: Ladehai Pty Ltd v Tweed Shire Council [2018] NSWLEC 1016 Hearing dates: 10-11 May 2017 and 8 June 2017 Date of orders: 02 March 2018 Decision date: 23 January 2018 Jurisdiction: Class 1 Before: Chilcott C Decision: The orders of the Court are: (1) The Applicant is granted leave to rely on amended plans; (2) The appeal is upheld; (3) Development application DA15/1064 for the redevelopment of a waterslide playground within the North Star Holiday Resort and Caravan Park at 1-3 Tweed Coast Road, Hastings Point, including the removal of two slides and their replacement with two enclosed slides, is determined by the grant of consent, subject to the conditions provided at Annexure 'A'. (4) The exhibits are returned, with the exception of Exhibit 1. Catchwords: Development Application: replacement of a water slide facility; acoustic impacts, traffic impacts; planning and landscape impacts; design of acoustic barriers; condition imposed for public interest. Legislation Cited: Coastal Protection Act 1979 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Protection of the Environment Operations Act 1997 Tweed Local Environment Plan 2014 Cases Cited: Botany City Council and Saab Corporation Pty Ltd [2011] NSWCA 308 Randall Pty Ltd v Leichhardt Council [2004] NSWLEC 277 Renaldo Plus 3 Pty Limited v Hurstville City Council [2005] NSWLEC 315 TL & TL Pty Ltd v Parramatta City Council [2016] NSWLEC 150 Texts Cited: NSW EPA Noise Guide for Local Government 2013 NSW Industrial Noise Policy 2000 NSW Industrial Noise Policy 2011 Tweed Development Control Plan 2008 Category: Principal judgment Parties: Ladehai Pty Ltd (Applicant) Tweed Shire Council (Respondent) Representation: Counsel: