Owen v Coffs Harbour City Council [2019] NSWLEC 1032

Land and Environment Court New South Wales

Medium Neutral Citation: Owen v Coffs Harbour City Council [2019] NSWLEC 1032 Hearing dates: 22 & 23 January 2019 Date of orders: 06 February 2019 Decision date: 06 February 2019 Jurisdiction: Class 1 Before: Morris AC Decision: (1) The appeal is upheld. (2) Development Application No.0244/18DA for a two lot subdivision at 16 Meadowlands Crescent, Coffs Harbour is approved subject to the conditions in Annexure A. (3) The exhibits, other than Exhibit 4 and the plans behind Tabs 1 and 2 in Exhibit A, are returned. Catchwords: DEVELOPMENT APPLICATION: subdivision, compliance with requirements of DCP Legislation Cited: Coffs Harbour Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Rural Fires Act 1997 Texts Cited: Coffs Harbour Development Control Plan 2015 Macquarie Dictionary Category: Principal judgment Parties: Grant Owen (Applicant) Coffs Harbour City Council (Respondent) Representation: Solicitors: R Fox, Fishburn Watson O'Brien (Applicant) S Patterson, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2018/235884 Publication restriction: No

Judgment 1. Mr Owen (applicant) lodged development application No.0244/18DA with Coffs Harbour City Council (Council) on 16 September 2017 seeking consent to subdivide an existing residential allotment into two lots. The Council refused consent on 4 April 2018 and the applicant is appealing that determination in accordance with the provisions of s 8.7 of the Environmental Planning and Assessment Act 1979. 2. The contentions in the case are whether the proposed subdivision would integrate with existing or proposed development on adjacent sites and is in the public interest. The primary concern of the Council is the introduction of a layback and driveway to service one of the proposed lots.