Knight v Coffs Harbour City Council [2018] NSWLEC 1569

Land and Environment Court New South Wales

Medium Neutral Citation: Knight v Coffs Harbour City Council [2018] NSWLEC 1569 Hearing dates: 23 October 2018 Date of orders: 31 October 2018 Decision date: 31 October 2018 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted for the demolition of existing structures and the construction of a 3-storey residential flat building with 7 apartments on the ground and first floors and 18 car parking spaces at the lower ground floor, at 117 Victoria Street, Coffs Harbour, subject to the conditions of consent at Annexure A. (3) The exhibits are returned, except for Exhibits B, C and 6. Catchwords: APPEAL – development application – residential flat building – breach of the height development standard – bulk and density – visual and acoustic privacy Legislation Cited: Coffs Harbour Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Texts Cited: Apartment Design Guide Coffs Harbour Development Control Plan 2015 Category: Principal judgment Parties: Maxwell Knight (First Applicant) Karrel Knight (Second Applicant) Coffs Harbour City Council (Respondent) Representation: Solicitors: R Fox, Fishburn Watson O'Brien (Applicants) S Patterson, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2018/60986 Publication restriction: No