Cortas Pty Ltd v Coffs Harbour City Council [2023] NSWLEC 1317

Land and Environment Court New South Wales

Medium Neutral Citation: Cortas Pty Ltd v Coffs Harbour City Council [2023] NSWLEC 1317 Hearing dates: Conciliation conference on 27 March 2023; 4 May 2023 Date of orders: 30 June 2023 Decision date: 30 June 2023 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is upheld. (2) Development application no. DA0145/23DA seeking approval for the Torrens Title subdivision of land into thirty-eight (38) lots for the purpose of thirty-seven (37) low density residential lots, one (1) public reserve lot and a new public road corridor and other ancillary works including earthworks, stormwater management and street tree planting at Lot 2 DP 1281309 is determined by the grant of consent, subject to the conditions set out in Annexure A. Catchwords: APPEAL – development application – conciliation conference – agreement between the parties – orders Legislation Cited: Coffs Harbour Local Environmental Plan 2013, cll 4.1, 5.21, 7.1, 7.2, 7.8, 7.11, 7.12, 7.13 Environmental Planning and Assessment Act 1979, s 4.16 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 4 ss 4.4, 4.9 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2; Ch 4 s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 2 Texts Cited: City of Coffs Harbour Community Participation and Engagement Plan Coffs Harbour Development Control Plan 2015 Planning for Bushfire Protection 2019 Category: Principal judgment Parties: Cortas Pty Ltd (Applicant) Coffs Harbour City Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)