John Watts v Mid Coast Council [2018] NSWLEC 1012

Land and Environment Court New South Wales

Medium Neutral Citation: John Watts v Mid Coast Council [2018] NSWLEC 1012 Hearing dates: 4-5 December 2017 Date of orders: 06 March 2018 Decision date: 16 January 2018 Jurisdiction: Class 1 Before: Dickson C Decision: The orders of the Court are: (1) The applicant is granted leave to rely on amended plans at Annexure A; (2) The appeal is upheld; (3) Consent is granted to Development Application No. DA/60/2014 for subdivision of the land known as Lot 214 DP 22434 (6 The Lakes Way, Elizabeth Beach) into two allotments subject to conditions in Annexure B; (4) The exhibits are returned with the exception of the subdivision plan in Annexure A, the conditions in Annexure B and Exhibit A. Catchwords: DEVELOPMENT APPEAL: Subdivision application – whether the access to the new allotments is safe and consistent with the relevant planning controls – does the site have legal access over right of carriageway. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy 71- Coastal Protection Cases Cited: Terrace Tower Holdings Pty Limited v Sutherland Shire Council [2003] NSWCA 289 The Benevolent Society v Waverley Council [2010] NSWLEC 1082 Luxe Manly Pty Limited v Northern Beaches Council [2016] NSWLEC 156 Ali v Liverpool City Council [2009] NSWLEC 1327 Category: Principal judgment Parties: John Watts (Applicant) Mid Coast Council (Respondent) Representation: Counsel: Ms. L Saw (Applicant) Solicitors: Mr. A Pickup, Local Government Legal (Respondent) Mr R Creighton (Agent) (Applicant) File Number(s): 2017/00214401 Publication restriction: No