Investments NQ Pty Ltd v Tweed Shire Council (No 2) [2024] NSWLEC 1170

Investments NQ Pty Ltd v Tweed Shire Council (No 2) [2024] NSWLEC 1170

Owner's consent from Crown Lands was sufficient for lodging the application; however, the subdivision proposal constituted designated development as it included land mapped as littoral rainforest, triggering the requirement for an environmental impact statement, so consent could not be granted for the subdivision but could be granted for dual occupancy dwelling construction.

Jurisdiction
Australia
Judgment Date
11 April 2024
Procedural Posture
Class 1 Appeal / Final Judgment After Conciliation Conference and Hearing
Outcome
Appeal upheld
Legal Topics
['development Application' 'subdivision' "owner's Consent" 'designated Development' 'environmental Impact Statement' 'littoral Rainforest' 'conditions of Consent']
['planning and Environmental Law'] ['development Application' 'subdivision' "owner's Consent" 'designated Development' 'environmental Impact Statement' 'littoral Rainforest' 'conditions of Consent']

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Procedural Posture

Class 1 Appeal / Final Judgment After Conciliation Conference and Hearing

Legal Issues

  1. 1 ["Whether owner's consent from Crown Lands for works in public reserve was sufficient" "Whether subdivision proposal constituted 'designated development' under s 2.7(2) of SEPP (Resilience and Hazards) 2021" 'Whether proposal required to be accompanied by environmental impact statement']

Ratio Decidendi

Owner's consent from Crown Lands was sufficient for lodging the application; however, the subdivision proposal constituted designated development as it included land mapped as littoral rainforest, triggering the requirement for an environmental impact statement, so consent could not be granted for the subdivision but could be granted for dual occupancy dwelling construction.

Court Disposition

Appeal upheld

Orders

  • ['The appeal is upheld.' 'Development Application No DA22/0423 for the construction of two dwellings, at 5 Razorback Road, Tweed Heads, is determined by the grant of consent, subject to the conditions of consent at Annexure A.' 'The exhibits, other than Exhibits 1, A, B, C, D, E and F, are returned.']