Planit Consulting v Tweed Shire Council [2009] NSWLEC 1383

Planit Consulting v Tweed Shire Council [2009] NSWLEC 1383

The appeal is dismissed and development consent refused because the proposal breaches specific interim DCP controls on height, storeys, and dwelling numbers; interim controls were properly adopted and are subject to a review process which should not be pre-empted; and the proposal is visually intrusive and inappropriate in the streetscape context, with no policy or guideline justifying approval contrary to the DCP.

Parties
Applicant: Planit Consulting; Respondent: Tweed Shire Council
Jurisdiction
Australia
Judgment Date
25 November 2009
Procedural Posture
Appeal Against Refusal of Development Application / Judgment
Outcome
Appeal dismissed; development consent refused
Legal Topics
Development Control Plans, Community Consultation, Building Height and Density Controls, Development Applications, Local Planning Instruments, Interim Planning Controls
Planning Law Environmental Law Administrative Law Development Control Plans Community Consultation Building Height and Density Controls Development Applications Local Planning Instruments +1 more

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Parties

Planit Consulting

Applicant

Tweed Shire Council

Respondent

Procedural Posture

Appeal Against Refusal of Development Application / Judgment

Legal Issues

  1. 1 Whether the proposed development should be approved despite non-compliance with the current interim Development Control Plan (DCP) controls for Hastings Point locality
  2. 2 Whether it is premature or inappropriate to approve a non-compliant development while a review process for long-term planning controls is ongoing
  3. 3 Whether the proposal is acceptable on its merits within the context of the DCP and relevant guidelines

Ratio Decidendi

The appeal is dismissed and development consent refused because the proposal breaches specific interim DCP controls on height, storeys, and dwelling numbers; interim controls were properly adopted and are subject to a review process which should not be pre-empted; and the proposal is visually intrusive and inappropriate in the streetscape context, with no policy or guideline justifying approval contrary to the DCP.

Court Disposition

Appeal dismissed; development consent refused

Orders

  • The appeal is dismissed;
  • Development Application DA07/0022 for a part one, part two and part three development containing five dwellings proposed to be erected on the corner of Tweed Coast Road and Young Street, Hastings Point is determined by the refusal of development consent;