McDonald’s Australia Limited v Coffs Harbour City Council [2023] NSWLEC 1067

Land and Environment Court New South Wales

Medium Neutral Citation: McDonald's Australia Limited v Coffs Harbour City Council [2023] NSWLEC 1067 Hearing dates: 11-14 October 2022 Date of orders: 16 February 2023 Decision date: 16 February 2023 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application no. 0810/20DA for the construction and use of a food and drinks premises with business identification signage and amendment to development consent no. 0110/20DA for alterations to the access driveway, internal roads and car parking of Toormina Shopping Centre at 5 Toormina Road, Toormina, subject to the conditions of consent in Annexure A. (3) The exhibits are returned except for A, B, C, D, E, F, G, H, K, L, M, N, O and 1. Catchwords: DEVELOPMENT APPLICATION – food and drinks premises (McDonald's) – site suitability – amenity impacts upon the neighbourhood – traffic and pedestrian safety Legislation Cited: Coffs Harbour Local Environmental Plan 2013, cll 2.1, 2.3, 4.3, 4.4, 7.1, 7.2, 7.6, 7.8, 7.11, 7.12 Environmental Planning and Assessment Act 1979, ss 1.3, 4.15. Div 4.8 Environmental Planning and Assessment Regulation 2000, cll 49, 50, 55, 97 State Environmental Planning Policy (Coastal Management) 2018 (repealed) State Environmental Planning Policy (Industry and Employment) 2021, ss 3.1(1)(a), 3.6, Sch 5 State Environmental Planning Policy (Koala Habitat Protection) 2019, cl 8(2) State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 4.6 State Environmental Planning Policy No 55 – Remediation of Land (repealed) State Environmental Planning Policy No 64 – Advertising Signage (repealed) Water Management Act 2000, s 91 Cases Cited: Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 O'Sullivan v Farrer (1989) 168 CLR 210; [1989] HCA 61 New Century Developments Pty Ltd v Baulkham Hills Shire Council (2003) 127 LGERA 303; [2003] NSWLEC 154 Texts Cited: Coffs Harbour Development Control 2015 Category: Principal judgment Parties: McDonald's Australia Limited (Applicant) Coffs Harbour City Council (Respondent) Representation: Counsel: A Hemmings (Applicant) T Ward (Solicitor) (Respondent)