Johnson v Coffs Harbour City Council [2018] NSWLEC 1094

Land and Environment Court New South Wales

Medium Neutral Citation: Johnson v Coffs Harbour City Council [2018] NSWLEC 1094 Hearing dates: 25 January 2018, written submissions received on 2 and 12 February 2018 Date of orders: 28 February 2018 Decision date: 28 February 2018 Jurisdiction: Class 1 Before: Gray C Decision: (1) The appeal is dismissed. (2) The development application (0795/17DA) for the subdivision of lots 200 and 201 DP 1183461 at 7 Dirty Creek Road, Dirty Creek, is refused. (3) Exhibits A and 3 are returned. Catchwords: DEVELOPMENT APPEAL - Sub-division of two lots by adjusting the boundary – existing irregular lot configuration – alteration sought to boundary to align with physical characteristics of land - whether the alteration constitutes a boundary adjustment Legislation Cited: Coffs Harbour Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 ss 79, 97 Land and Environment Court Act 1979 s 34 Cases Cited: Barnes v Dungog Shire Council [2012] NSWLEC 1021 McCabe & Others v Blue Mountains City Council (2006) 145 LGERA 86; [2006] NSWLEC 176 Ousley Pty Ltd v Warringah Shire Council [1999] NSWLEC 143 Sutherland Shire Council v Benedict Industries Pty Ltd (No 8) [2017] NSWLEC 4 Category: Principal judgment Parties: Coral Jean Johnson (Applicant) Coffs Harbour City Council (Respondent) Representation: Counsel: Mr R Fox, Solicitor (Applicant) Mr M Winram, Solicitor (Respondent)