Bannerman Consulting Pty Ltd v Coffs Harbour City Council [2022] NSWLEC 1086

Land and Environment Court New South Wales

Medium Neutral Citation: Bannerman Consulting Pty Ltd v Coffs Harbour City Council [2022] NSWLEC 1086 Hearing dates: Conciliation conference on 22 December 2021 Date of orders: 18 February 2022 Decision date: 18 February 2022 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. 0160/19DA lodged on 29 August 2018, as amended 30 October 2019, 16 March 2021, 5 August 2021, 15 and 22 December 2021, and 7 February 2022, for a change of use to include increased capacity at a restaurant and the use of outdoor areas for dining (including car parking and other development related to the use) at 963 Orana Way, Nara Glen is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – change of use of outdoor area for dining – conciliation conference – agreement between the parties – orders Legislation Cited: Coffs Harbour Local Environmental Plan 2013, cll 2.3, 7.11 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 55, 97 Land and Environment Court Act 1979, s 34 Roads Act 1993, ss 7, 138 State Environmental Planning Policy (Infrastructure) 2007, cll 101, 102 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Cases Cited: HP Subsidiary Pty Ltd v City of Parramatta Council [2020] NSWLEC 135 Category: Principal judgment Parties: Bannerman Consulting Pty Ltd (Applicant) Coffs Harbour City Council (Respondent) Representation: Counsel: N Ridout (Solicitor) (Applicant) M Winram (Solicitor) (Respondent)