Burleigh One Pty Ltd v Tweed Shire Council [2024] NSWLEC 1745

Burleigh One Pty Ltd v Tweed Shire Council [2024] NSWLEC 1745

The appeal is upheld and consent granted because the parties' agreement pursuant to s 34 LEC Act meets all jurisdictional preconditions, satisfies all relevant planning controls and SEPPs, including justified variation of the building height under cl 4.6, and all environmental, amenity, and public interest impacts have been properly addressed subject to conditions.

Parties
Applicant: Burleigh One Pty Ltd; Respondent: Tweed Shire Council
Jurisdiction
Australia
Judgment Date
20 November 2024
Procedural Posture
Class 1 Appeal (development Application) / Disposition Following Conciliation Conference and Agreement Under S 34 of the LEC Act
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
Development Consent, Variation of Planning Standards, Building Height, Flood Mitigation, Coastal Environment, Residential Development
Environmental Law Planning Law Administrative Law Development Consent Variation of Planning Standards Building Height Flood Mitigation Coastal Environment +1 more

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Parties

Burleigh One Pty Ltd

Applicant

Tweed Shire Council

Respondent

Procedural Posture

Class 1 Appeal (development Application) / Disposition Following Conciliation Conference and Agreement Under S 34 of the LEC Act

Legal Issues

  1. 1 Whether the Court should uphold a cl 4.6 written request to vary the maximum height standard under the Tweed Local Environmental Plan 2014 for a 4-storey mixed use development on the site
  2. 2 Whether the proposed development satisfies the relevant statutory and SEPP preconditions for grant of consent, including in relation to coastal impacts, flooding, contamination, built form, and essential services

Ratio Decidendi

The appeal is upheld and consent granted because the parties' agreement pursuant to s 34 LEC Act meets all jurisdictional preconditions, satisfies all relevant planning controls and SEPPs, including justified variation of the building height under cl 4.6, and all environmental, amenity, and public interest impacts have been properly addressed subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • The applicant's written request under cl 4.6 of the Tweed Local Environmental Plan 2014 seeking a contravention of the maximum height standard under cl 4.3 is upheld.
  • The appeal is upheld.