Bramley v Coffs Harbour City Council

Land and Environment Court New South Wales Medium Neutral Citation: Bramley v Coffs Harbour City Council [2014] NSWLEC 1194 Hearing dates:10,11 September 2014Decision date: 23 September 2014 Jurisdiction:Class 1Before: Brown C Decision: 1. The appeal is upheld.2. Development Application No. 304/14 for the demolition of an existing motel and structures and the construction of a new hotel, restaurant, wine bar, function room, pool, gym and cabana at 209 Pacific Highway, Coffs Harbour is approved subject to the conditions in Annexure A.3. The exhibits are returned with the exception of exhibits 1 and M. Catchwords: DEVELOPMENT APPLICATION: demolition of existing motel buildings and structures - construction of anew hotel - restaurant - wine bar - function room, - pool - gym - cabana - whether height above development standard can be supported Legislation Cited: Coffs Harbour Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 Cases Cited: Schaffer Corporation v Hawkesbury City Council (1992) 77 LGRA 21 Wehbe v Pittwater Council [2007] 156 LGERA 446 Category:Principal judgmentParties: Chris Bramley (Applicant) Coffs Harbour City Council (Respondent) Representation: Mr A Galasso SC (Applicant) Mr J Robson SC (Respondent) Gadens Lawyers (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s):10350 of 2014 JudgmentCOMMISSIONER: This is an appeal against the refusal of Development Application No. 304/14 by Coffs Harbour City Council that seeks development consent for: demolition of existing motel buildings and structures;construction of an 83 room hotel in two separate buildings comprising 29 studio rooms, 53 one bedroom rooms and 1 two bedroom...