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

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

The appeal was upheld because the Court was satisfied that no matter prevented the grant of development consent and landowner's consent. Flooding risks had been assessed and were capable of mitigation by conditions and management plans; traffic and classified road issues had been resolved by amended plans and expert agreement; the amended design and colour scheme were acceptable without deferred commencement condition 2; the development achieved the relevant Tweed LEP objectives and cl 101 of SEPP (Infrastructure); and objector evidence did not warrant refusal.

Jurisdiction
Australia
Judgment Date
27 November 2017
Procedural Posture
Class 1 Development Appeal Under S 97(1) of the Environmental Planning and Assessment Act 1979 From Refusal of Development Consent and Landowner's Consent / Final Judgment and Orders After Hearing and Further Submissions
Outcome
Appeal upheld; development application approved subject to conditions; landowner's consent granted for associated road reserve works.
Legal Topics
['service Station Development Application' "landowner's Consent for Works in Road Reserves" 'flood Prone Land' 'visual Impact and Sensitive Urban Design' 'traffic and Classified Road Access' 'public Interest and Objector Evidence']
['planning and Environment Law' 'development Consent' 'land Use'] ['service Station Development Application' "landowner's Consent for Works in Road Reserves" 'flood Prone Land' 'visual Impact and Sensitive Urban Design' 'traffic and Classified Road Access' 'public Interest and Objector Evidence']

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Procedural Posture

Class 1 Development Appeal Under S 97(1) of the Environmental Planning and Assessment Act 1979 From Refusal of Development Consent and Landowner's Consent / Final Judgment and Orders After Hearing and Further Submissions

Legal Issues

  1. 1 ["Whether development consent and landowner's consent should be granted for demolition of an existing building, erection of a service station and ancillary signage." 'Whether flood risks associated with the flood liable site were adequately assessed and mitigated.' 'Whether the proposed development had acceptable visual impact and sensitive urban design, including its colour scheme, in a prominent corner location.' 'Whether traffic, pedestrian safety and classified road access issues were resolved, including under cl 101 of State Environmental Planning Policy (Infrastructure) 2007.' 'Whether objector concerns and public interest considerations warranted refusal.']

Ratio Decidendi

The appeal was upheld because the Court was satisfied that no matter prevented the grant of development consent and landowner's consent. Flooding risks had been assessed and were capable of mitigation by conditions and management plans; traffic and classified road issues had been resolved by amended plans and expert agreement; the amended design and colour scheme were acceptable without deferred commencement condition 2; the development achieved the relevant Tweed LEP objectives and cl 101 of SEPP (Infrastructure); and objector evidence did not warrant refusal.

Court Disposition

Appeal upheld; development application approved subject to conditions; landowner's consent granted for associated road reserve works.

Orders

  • ['Leave is granted to the Applicant to rely upon amended plans referred to in deferred commencement condition 1 and general condition 1 of the Conditions of Consent attached and marked "A".' 'The appeal is upheld.' 'Development Application Non 16/0059 for development consent and landowner\'s consent for the...