NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Smyth Maher & Associates Pty Ltd v Coffs Harbour CC [2006] NSWLEC 412
APPLICANT Smyth Maher & Associates Pty Ltd PARTIES : RESPONDENT Coffs Harbour City Council
FILE NUMBER(S) : 11445 and 11446 of 2005
CORAM: Hoffman C
KEY ISSUES: Development Consent :- refusal of consent for dwellings on rural lots, bushfire, landscaping, view, privacy, endangered species, statutory clarification
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Ulmarra Local Environmental Plan 1992 State Environmental Planning Policy No 1
DATES OF HEARING: 04/09/2006, 05/09/2006 and 17/10/2006
EX TEMPORE JUDGMENT DATE : 10/17/2006
APPLICANT Ms J. Reid, solicitor of Pike Pike & Fenwick LEGAL REPRESENTATIVES:
RESPONDENT Mr G. Fernie of G B Fernie & Co.
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hoffman C
17 October 2006
11445 of 2005 Smyth Maher & Associates Pty Ltd 11446 of 2005 v Coffs Harbour City Council
JUDGMENT 1 This is two Class 1 appeals, Nos 11445 and 11446 of 2005, between Smyth Maher & Associates Pty Limited and Coffs Harbour City Council in regard to the refusal of consent for a dwelling on each of two rural lots. A third appeal, No. 11444 of 2005, has been discontinued apparently due to unresolvable issues regarding bushfire protection on that allotment.
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