Carlysle-Sainty v Coffs Harbour City Council (No.2) [2015] NSWLEC 1218

Land and Environment Court New South Wales

Medium Neutral Citation: Carlysle-Sainty v Coffs Harbour City Council (No.2) [2015] NSWLEC 1218 Hearing dates: 27 May 2015 Decision date: 19 June 2015 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. The application to amend deferred commencement conditions of Consent Number 955/12DA for an Animal Establishment (Dog Boarding Facility) at 81D Old Bucca Road, Moonee Beach is approved and development consent is granted subject to the conditions of consent in Annexure A. 3. The exhibits are returned with the exception of exhibits 1, A and B. Catchwords: MODIFICATION: appeal against review of conditions of consent for dog boarding facility – further information provided to address concerns over dust generation – no contested issues – residents maintain objection to dust generation - terms of some conditions in dispute Category: Principal judgment Parties: Mr N Eastman, barrister (Applicants) Gadens

Ms J Hewitt, solicitor (Respondent) HWL Ebsworth Representation: Mr N Eastman, barrister (Applicants) Gadens

Ms J Hewitt, solicitor (Respondent) HWL Ebsworth File Number(s): 10736 of 2014 Publication restriction: No

JUDGMENT 1. COMMISSIONER: This appeal relates to the refusal by Coffs Harbour City Council to amend deferred commencement conditions included in Consent Number 955/12DA for an Animal Establishment (Dog Boarding Facility) at 81D Old Bucca Road, Moonee Beach (the site). The site is located approximately 500m from Old Bucca Road and access is gained via private road as a right-of-carriageway through 3 properties from Old Bucca Road. The right-of-carriageway is subject to an Arbitral Award which provides terms of agreement for maintenance of the right-of-carriageway between all the affected landholders. 2. The site slopes down to the north east with a fall of some 20 m over the length of the property. The site has an area of 6 hectares with a western boundary of some 265 m, an eastern boundary of 179 m and an irregular boundary on the north and south with an average width of approximately 250 m. Approximately 30% of the northern end of the site contains forest vegetation while the remainder of the area is cleared.