Roberts v Coffs Harbour City Council [2006] NSWLEC 1

Land and Environment Court of New South Wales

CITATION : Roberts v Coffs Harbour City Council [2006] NSWLEC 1

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

FILE NUMBER(S) : 10249 of 2005

CORAM: Roseth SC

KEY ISSUES: Development Application - Development Control Plan :-

DATES OF HEARING: 25/07/2005, 26/07/2005 and 22/12/2005

DATE OF JUDGMENT: 01/12/2006

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

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

12 January 2006

10249 of 2005 [No 2] Christine Roberts by her agent Oldarb Pty Ltd v Coffs Harbour City Council

JUDGMENT

The consequence of the Court's decision in this appeal is the grant of development consent subject to detailed conditions. These conditions are not reproduced as part of this decision but are available for inspection at the Council. In addition, a copy the Court's Orders and the conditions may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders and conditions are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/ 1 Senior Commissioner: This is an appeal against the deemed refusal of a development application to erect a residential project containing 131 dwellings on lot 210 DP1044292, known as 1206 Pacific Highway, Moonee. The matter was heard on 25 and 26 July 2005, following which I published my findings on 2 August 2005, granting leave at the same time to the applicant to rely on amended plans that would respond to those findings. The applicant submitted amended plans on 10 October 2005. 2 Following the exhibition of the amended plans, the council received 12 submissions and a petition. The matter was listed for further hearing on 22 December 2005. This second judgment deals with the amended plans. It includes parts of the findings of 2 August 2005 in order to be comprehensible on its own.