Faseas v Coffs Harbour City Council [2018] NSWLEC 1249

Land and Environment Court New South Wales

Medium Neutral Citation: Faseas v Coffs Harbour City Council [2018] NSWLEC 1249 Hearing dates: 15-16 May 2018 Date of orders: 23 May 2018 Decision date: 23 May 2018 Jurisdiction: Class 1 Before: Morris AC Decision: The orders of the Court are: (1) The appeal is dismissed. (2) Development Application No DA 1035/16DA for the change of use from a single dwelling to dual occupancy at 4 First Avenue, Arrawarra Headland, is refused consent. (3) The exhibits, other than exhibits 1 and B, are returned. Catchwords: DEVELOPMENT APPLICATION: whether time to appeal had lapsed; dual occupancy; minimum lot size; adequacy of information Legislation Cited: Coffs Harbour Local Environmental Plan 2013; Environmental Planning and Assessment Act 1979; Environmental Planning and Assessment Regulation 2000; Land and Environment Court Act 1979; State Environmental Planning Policy No. 71 – Coastal Protection; Cases Cited: Costello v Bathurst Regional Council [2017] NSW LEC 1195; Integral Energy v Blue Mountains City Council [1998] NSWLEC 284; Ipoh Pty Ltd v Sydney City Council (2005) 142 LGERA373; [2005] NSWLEC 514; Marshall Rural Pty Limited v Hawkesbury City Council and Ors [2015] NSWLEC 197 Wehbe v Pittwater Council [2007] NSWLEC 827; Texts Cited: Coffs Harbour Development Control Plan 2015 Category: Principal judgment Parties: Nick Faseas (Applicant) Coffs Harbour City Council (Respondent Representation: Solicitors: Mr G Long, Long Legal Pty Ltd (Applicant) Mr S Patterson, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 17/342704 Publication restriction: No