Imrie J v Pristine Waters Council (now Coffs Harbour City Council) [2004] NSWLEC 139

Land and Environment Court of New South Wales

CITATION : Imrie J v Pristine Waters Council (now Coffs Harbour City Council) [2004] NSWLEC 139 APPLICANT Imrie J PARTIES : RESPONDENT Pristine Waters Council (now Coffs Harbour City Council) FILE NUMBER(S) : 10110 of 2004 CORAM: Hoffman C Development Consent :- Erection of a 2-car garage KEY ISSUES: should a second access be allowed streetscape garage in front setback Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Ulmarra Shire Local Environmental Plan 1992 Governor of New South Wales Proclamation of 25th February 2004 CASES CITED: DATES OF HEARING: 25/03/2004 EX TEMPORE 04/15/2004 JUDGMENT DATE :

APPLICANT Mr M Imrie, agent LEGAL REPRESENTATIVES: RESPONDENT Mr M Hannon, town planner

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

10110 of 2004 Hoffman C 25 March 2004 Imrie J Applicant

v Pristine Waters Council Respondent Judgment

Introduction 1. This is a class 1 and 2 Appeal No. 10110 of 2004, between John Imrie and Pristine Waters Council in regard to the deemed refusal of a development consent and construction certificate for a 2-car garage at No. 78 Flaherty Street, Red Rock.

2. Pristine Waters Council was recently absorbed by Clarence Valley Council and then by proclamation of 25 February 2004, Coffs Harbour Council was made the consent authority for the Red Rock area.