Hastings Point Progress Association Inc v Tweed Shire Council and Planit Consulting P/L and ors

June 2008

EDO NSW Northern Rivers acted for Hastings Point Progress Association Inc in two Land and Environment Court proceedings which challenged two separate development consents granted by Tweed Shire Council, which allowed 3 storey developments in the coastal hamlet of Hastings Point on the Tweed Coast, contrary to the existing character of the hamlet.

Hastings Point Progress Association Inc claimed that the developments would change the existing character of the coastal hamlet. It argued that in consenting to the developments, Council breached its own local planning controls by failing to take into account the cumulative impacts that the developments will have on the site's community, locality and catchment. It further argued that the decisions of Council to consent to the 3 storey developments, given a clear previous commitment to maintain the existing two storey character of the hamlet, are manifestly unreasonable.

The cases were heard together before Justice Pain in the Land and Environment Court. Her Honour allowed one application and dismissed the other. With regards to the Planit Consulting development, the Court held that in granting consent to a multi-housing development, Council failed to take into account the cumulative impacts of the development as was required by the Tweed Local Environmental Plan and therefore the development consent was invalid.

However, with regards to the Aeklig development, the Court found that Council was not required to take into account the provision in the LEP as State Environmental Planning Policy- Seniors Living allowed the setting aside of local planning controls in the LEP that would otherwise prohibit the development.

EDO NSW acknowledges and thanks Mr A Pickles and Ms Y Cachia of Counsel for their appearance and contribution to the case.

Amended Points of Claim

Case Summary Judgment