Roberts v Coffs Harbour City Council [2005] NSWLEC 414

Land and Environment Court of New South Wales

Roberts v Coffs Harbour City Council [2005] NSWLEC 414 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

Applicant: Christine Roberts by her agent Oldarb Pty Ltd PARTIES : Respondent: Coffs Harbour City Council

FILE NUMBER(S) : 10249 of 2005

CORAM: Roseth SC

Development Application - Development Control Plan :- departure from planning standards KEY ISSUES: inadequacy of information

DATES OF HEARING: 25/07/2005 and 26/07/2005

DATE OF JUDGMENT: 08/02/2005

Applicant: Mr A Galasso, barrister instructed by Ms J Studdert of Deacons LEGAL REPRESENTATIVES: Respondent: Mr J Mulder of MBT Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

2 August 2005

10249 of 2005 Christine Roberts by her agent Oldarb Pty Ltd v Coffs Harbour City Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the deemed refusal of a development application to erect a residential project containing 143 dwellings on lot 210 DP1044292, known as 1206 Pacific Highway, Moonee.

The site 2 The site is on the eastern side of the Pacific Highway, just south of its junction with Moonee Beach Road. It has an area of 3.15ha. It has falls from the edges towards the centre and contains scattered native vegetation. There is an 8-metre wide right-of-way along the Highway boundary. To the north, part of the site adjoins a Coles supermarket under construction. To the south it adjoins a residential property and an animal hospital. To the east it adjoins the rears of residential properties in Woodhouse Road. 3 The site is close to the village of Moonee and within an area designated for the growth of the village.