Variant Group Pty Ltd v Tweed Shire Council (No. 2) [2026] NSWLEC 1279
Before: O’Neill C · NSW Land and Environment Court
Summary
Notice of Motion – vary orders
Catchwords
Notice of Motion – vary orders
Outcome
The orders of the Court are: (1) The orders made by the Court on 14 April 2026 are varied by the addition of the following Order 4A: (4A) The Court, exercising the functions of the consent authority under section 39(2) of the Land and Environment Court Act 1979 (NSW) and section 8.14(1) of the Environmental Planning and Assessment Act 1979 (NSW) grants consent under section 138(1) of the Roads Act 1993 (NSW) to the roadworks and the water supply works within Boyle Avenue and Fairway Drive road reserves described in the following material: (a) Engineering drawings prepared by OSKA Consulting Group comprising: (i) Cover Sheet, Site Plan, Locality Plan and Schedule of Drawings (drawing no. OSK6517-000, revision D) dated 19 September 2025. (ii) Roadworks Locality Plan and Notes (drawing no. OSK6517-001, revision D) dated 19 September 2025; and (iii) External Roadworks Plan and Longitudinal Section (drawing no. OSK6517-R001, revision E) dated 19 September 2025. (2) The Order 5 made by the Court on 14 April 2026 is amended by omitting the existing ‘Annexure A’ referred to in Order 5 and instead replacing it with the conditions of consent at Annexure A to this judgment.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW) s 8.14 Land and Environment Court Act 1979 (NSW) s 39 Roads Act 1993 (NSW) s138 Uniform Civil Procedure Rules 2005 r 36.16, 36.17
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