Rosehill Estate 1890 Pty Ltd v Tweed Shire Council [2021] NSWLEC 1236

Based on the parties' agreement reached at the conciliation conference and statutory requirements, the appeal was dismissed and consent for DA 19/0888 refused.

Parties: Applicant: Rosehill Estate 1890 Pty Ltd; Respondent: Tweed Shire Council
Jurisdiction: Australia
Judgment Date: 10 May 2021
Procedural Posture: Class 1 Appeal / Post Conciliation Conference Decision
Outcome: Appeal dismissed; development application refused.
Legal Topics: Development Application, Alterations and Additions, Bottling Facility, Conciliation Conference

Planning and Environment Development Application Alterations and Additions Bottling Facility Conciliation Conference

Case Brief

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Parties

Rosehill Estate 1890 Pty Ltd

Applicant

Tweed Shire Council

Respondent

Procedural Posture

Class 1 Appeal / Post Conciliation Conference Decision

Legal Issues

1 Whether development application DA 19/0888 should be granted consent
2 Whether the appeal against refusal by Tweed Shire Council should be allowed

Ratio Decidendi

Based on the parties' agreement reached at the conciliation conference and statutory requirements, the appeal was dismissed and consent for DA 19/0888 refused.

Court Disposition

Appeal dismissed; development application refused.

Orders

The appeal is dismissed.
Development application DA 19/0888 is refused.