Andersen v Tamworth Regional Council [2019] NSWLEC 1580

Land and Environment Court New South Wales

Medium Neutral Citation: Andersen v Tamworth Regional Council [2019] NSWLEC 1580 Hearing dates: 27-29 March 2019; 8-9 May 2019; joint expert report filed with the Court on 2 July 2019; final conditions filed with the Court on 19 July 2019 Date of orders: 26 November 2019 Decision date: 26 November 2019 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. 2019-0037 for the purpose of a manufactured home estate comprising 99 dwellings sites and community facilities with clubhouse, swimming pool and bowling green on Lot 2 DP 864981 and Lot 120 DP 1105753, Greg Norman Drive, Hillvue, New South Wales, subject to the conditions of consent in Annexure A. (3) All Exhibits are returned except for Exhibits 1 and X. Catchwords: DEVELOPMENT APPLICATION – construction of a manufactured home estate – Longyard golf course – proposed development near Tamworth's Sports and Entertainment Precinct – compatibility with adjoining land uses – playability of the golf course – consideration of impacts relating to acoustics, transport, town planning, stormwater and sewerage, amenity and lighting – site suitability Legislation Cited: Environmental Planning and Assessment Act 1979 Local Government Act 1993 Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 Roads Act 1993 State Environmental Planning Policy No 36 – Manufactured Home Estates Tamworth Regional Local Environmental Plan 2010 Cases Cited: Abret Pty Ltd v Wingecarribee Shire Council (2011) 180 LGERA 343 BGB Properties Pty Limited v Lake Macquarie City Council (2004) 138 LGERA 237 Mobil Oil Australia Limited v Baulkham Hills Shire Council (No 2) [1971] 2 NSWLR 314 Stockland Developments Pty Ltd v Wollongong Council (2004) 139 LGERA 374 Texts Cited: AS/NZS 4282:2019 Category: Principal judgment Parties: Bob Andersen (Applicant) Tamworth Regional Council (Respondent) Representation: Counsel: C McEwen SC with M Staunton (Applicant) A Pickles SC with S Nash (Respondent)