Gowing Bros Ltd v Coffs Harbour City Council [2020] NSWLEC 1027

Land and Environment Court New South Wales

Medium Neutral Citation: Gowing Bros Ltd v Coffs Harbour City Council [2020] NSWLEC 1027 Hearing dates: 9-10 July 2019; Written submissions on 15 October 2019 Date of orders: 20 January 2020 Decision date: 20 January 2020 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is dismissed. (2) Development application No. 0824/16DA for a service station on part of Lot 301 in DP 1092858 is refused. (3) The exhibits are returned with the exception of Exhibits 2 and A. Catchwords: Service station – traffic safety and flow efficiency – design excellence Legislation Cited: Coffs Harbour Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 33 – Hazardous and Offensive Development Sydney Local Environmental Plan 2012 Cases Cited: Aloke Holdings Pty Ltd v Council of the City of Sydney [2019] NSWLEC 1177 Nessdee Pty Limited v Orange City Council [2017] NSWLEC 158 The Presbyterian Church (New South Wales) Property Trust v Woollahra Municipal Council [2014] NSWLEC 1218 Texts Cited: Coffs Harbour Development Control Plan 2015 Category: Principal judgment Parties: Gowing Bros Ltd (Applicant) Coffs Harbour City Council (Respondent) Representation: Counsel: M Staunton (Applicant) M Pearce(Solicitor) (Respondent)