Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30:

1. COMMISSIONER: This is a Class 2 local government appeal pursuant to s 180 of the Local Government Act 1993 (LG Act) against the Order issued by the respondent on 16 September 2024 under item 27 in s 124 of the LG Act (Order), requiring the applicant to remove/relocate specified moveable dwellings from public land identified as Lot 3 in Deposited Plan 535174, located at Chinderah Bay Drive, Chinderah (Public Land).

2. The Court has power to dispose of these proceedings under its Class 2 jurisdiction pursuant to s 18(a) of the Land and Environment Court Act 1979 (LEC Act).

Background

3. The Public Land is zoned RE1-Public Recreation under the Tweed Local Environmental Plan 2014 (TLEP). The applicant in these proceedings owns land used as a caravan park immediately adjoining the Public Land, being Lot 2 in Deposited Plan 535174, known as 37 Chinderah Bay Drive, Chinderah (Applicant Land).

4. At the time the Order was issued (and as at the date of this judgment), it is agreed that part of the moveable dwellings located on sites identified as Sites 134, 135, 138 and 140-149 (13 sites in total) encroached from the Applicant Land onto the Public Land (Encroaching Structures).

5. Although the applicant owns the Applicant Land and manages the caravan park located on that land, it does not own the Encroaching Structures.

6. It was the respondent's contention that the Encroaching Structures need to be relocated/removed on the basis that the Encroaching Structures:

1) are not authorised to be located on the Public Land by or under any Act;

2) restrict access to the Public Land which is contrary to its community land classification under the LG Act; and

3) are inappropriately located on the Public Land in circumstances where that land is mapped as subject to a "high flow of water" in the event of a flood.

7. On 20 August 2024, the respondent issued the applicant with a Notice of Intention to Give the Order (Notice).

8. Following a response from the applicant to the Notice, the respondent issued the Order on 16 September 2024.

9. On 11 October 2024, the applicant commenced the proceedings, being within the time period specified in s 180(3) of the LG Act.

10. On 25 March 2025, the parties participated in a conciliation conference pursuant to s 34 of the LEC Act, which was adjourned on multiple occasions. I presided over the conciliation conference.

11. During the course of the conciliation process, the parties reached agreement as to the resolution of both proceedings.

12. The agreement reached is for the Order to be substituted with a different order under item 27 of s 124 of the LG Act (Substituted Order) requiring the:

1) removal of the Encroaching Structures on or before 31 October 2027; and

2) regular notification to the occupants of the Encroaching Structures of the Substituted Order.

13. The parties provided a signed s 34 agreement on 17 June 2025 with an accompanying jurisdictional statement.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197ae930454b3c8c057bb1f7)

Disclaimer: Curated by HT Syndication.