Tricare (Hastings) Limited v Tweed Shire Council [2013] NSWLEC 183

Tricare (Hastings) Limited v Tweed Shire Council [2013] NSWLEC 183

On the proper construction of the modified development consent, read with the incorporated plans, conditions and the s 68 approval required by condition 61A, the consent contemplates that the creek front residential sites are to be vacated and cease to be used for residential purposes by no later than 20 September 2016, while site 39 is to cease being used as a residential site by no later than the issue of an occupation certificate for Stage Two. The continued appearance of the creek sites on the Stage Three site plan, their absence from the Stage Four site plan, the Overall Site Plan noting existing mobile homes, and conditions 61A, 62, 138 and 142 outweighed the applicant's reliance on...

Jurisdiction
Australia
Judgment Date
31 October 2013
Procedural Posture
Class 4 Judicial Review Proceedings Seeking Declarations as to the Construction of a Modified Development Consent / Principal Judgment on Amended Summons
Outcome
Declarations made; applicant to pay the respondents' costs unless a party applies for a different costs order within 7 days; exhibits may be returned.
Legal Topics
['construction of Development Consent' 'change of Use of Residential Caravan Park Sites' 'termination Notices Under Residential Parks Act 1998 S 102(1)' 'section 68 Approval to Operate Caravan Park' 'staged Seniors Living Development']
['planning and Environment' 'administrative Law' 'residential Parks and Tenancies' 'local Government'] ['construction of Development Consent' 'change of Use of Residential Caravan Park Sites' 'termination Notices Under Residential Parks Act 1998 S 102(1)' 'section 68 Approval to Operate Caravan Park' 'staged Seniors Living Development']

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Procedural Posture

Class 4 Judicial Review Proceedings Seeking Declarations as to the Construction of a Modified Development Consent / Principal Judgment on Amended Summons

Legal Issues

  1. 1 ['Whether the land on which the development pursuant to development consent DA06/0413 is to be carried out comprises the whole of Lot 1 DP 786570 at 87-89 Tweed Coast Road Hastings Point.' 'Whether the 2007 Consent approves a change in the use of the Land.' 'Whether, on the proper construction of the 2007 Consent, residential sites 39, 51, 54, 58, 59 and 60 are to be used for a purpose other than that of residential sites, and when that change of use is required.']

Ratio Decidendi

On the proper construction of the modified development consent, read with the incorporated plans, conditions and the s 68 approval required by condition 61A, the consent contemplates that the creek front residential sites are to be vacated and cease to be used for residential purposes by no later than 20 September 2016, while site 39 is to cease being used as a residential site by no later than the issue of an occupation certificate for Stage Two. The continued appearance of the creek sites on the Stage Three site plan, their absence from the Stage Four site plan, the Overall Site Plan noting existing mobile homes, and conditions 61A, 62, 138 and 142 outweighed the applicant's reliance on...

Court Disposition

Declarations made; applicant to pay the respondents' costs unless a party applies for a different costs order within 7 days; exhibits may be returned.

Orders

  • ['Declaration that the land on which the development pursuant to the development consent issued by Tweed Shire Council numbered DA06/0413 dated 14 May 2007 and modified on 18 July 2008, 30 April 2009 and 25 March 2010 (2007 Consent) is to be carried out comprises the whole of the land identified as Lot 1 DP 786570...