Wilson and others v Coffs Harbour City Council [2006] NSWLEC 20

Land and Environment Court of New South Wales

CITATION : Wilson and others v Coffs Harbour City Council [2006] NSWLEC 20

APPLICANTS Roderick John Wilson, Joy Lesley Wilson, Darren Roderick Wilson, Nicole Bridley, Ronald Edward Butcher, Margaret Anne Butcher, Geoffrey Leaver and Paul Leaver PARTIES : RESPONDENT Coffs Harbour City Council

FILE NUMBER(S) : 10533 of 2005

CORAM: Brown C

KEY ISSUES: Development Application :- construction of four two-storey dwellings and a community title subdivision - overshadowing - overlooking - drainage - loss of privacy - noise

LEGISLATION CITED: Coffs Harbour Local Environmental Plan 2000

CASES CITED: Pafburn v North Sydney Council [2005] NSWLEC 444 ; Parsonage v Ku-ring-gai Council [2004] NSWLEC 347

DATES OF HEARING: 17/01/2006

DATE OF JUDGMENT: 01/18/2006

APPLICANTS Mr J Wilson, litigant in person

RESPONDENT LEGAL REPRESENTATIVES: Mr B Langler, solicitor SOLICITORS MBT Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

17 January 2006

10533 of 2005 Roderick John Wilson & Ors v Coffs Harbour City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the deemed refusal of DA 1561/04 by Coffs Harbour City Council (the council) for the construction of four two-storey dwellings and a community title subdivision of these dwellings at 786 Pacific Highway, Sapphire Beach (the site). The site 2 The site is Lot 2 in DP 1045219. It is irregular in shape with a maximum width of approximately 30 m and a total area of 2,462 sq m. The site is vacant and has a gentle slope at its western end and falls steeply at its eastern end with a pronounced escarpment between the different slopes.