NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Aldi Stores (A Limited Partnership) v Coffs Harbour City Council [2010] NSWLEC 1229
APPLICANT PARTIES : Aldi Stores (A Limited Partnership)
RESPONDENT Coffs Harbour City Council
FILE NUMBER(S) : 10207 of 2010
CORAM: Hussey C
KEY ISSUES: DEVELOPMENT APPLICATION :- Variation of conditions of consent covering night time delivery to store; acoustic amenity.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Coffs Harbour Local Enviornment Plan 2000
CASES CITED: Goldin & Anor v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 [2002] NSWLEC 75 Pafburn v North Sydney Council [2005] NSWLEC 444
DATES OF HEARING: 11August 2010
DATE OF JUDGMENT: 20 August 2010
APPLICANT Mr P McEwen SC SOLICITOR Carroll & O'Dea Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Mr S. Patterson (solicitor) SOLICITOR Wilshire Webb Staunton Beattie Lawyers
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
20 August 2010
10207 of 2010 Aldi Stores v Coffs Harbour City Council
JUDGMENT Background 1 This appeal was lodged against 2 conditions of consent imposed by council on a development consent for an Aldi store to be located on the north - eastern corner of Toormina Road & Minorie Drive at the Toormina shopping centre. 2 The appealed conditions are: Access & Services: 5. The following works and services being provided to serve the development with the works conforming with the standards and requirements set out;, in Council's Technical Guidelines for Subdivision and Development: i. Works within Toormina Road reserve to achieve a sight distance (1.2 metres to 1.2 agreed metres) of 92 metres at the intersection of Minorca Place for vehicles travelling north. ii. Concrete footpath (1.5 metre wide) in Toormina Road from the existing 1.5 metre wide path at Centro Toormina to the pedestrian entry to the development (existing footpath in this area is currently less than this width). These works are to be completed prior to occupation of the development and prior to release of any occupation certificate, unless other arrangements satisfactory to Council for their completion at some other time are made. No engineering works are to be undertaken until plans and specifications have been approved by Council. All work is to be at the developer's cost. Plans and specifications submitted later than six (6) months from the date of development approval shall comply with the Technical Guidelines for Subdivision and Development current at a date six (6) months prior to such submission .
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate