News

Council to appeal LEC decision

Coffs Harbour City Council is appealing a decision that supports an extended development at Hearnes Lake.
Coffs Harbour City Council is appealing a decision that supports an extended development at Hearnes Lake. Leigh Jensen

DURING a confidential session at Thursday night's council meeting, Coffs Harbour councillors resolved to appeal the Land and Environment Court's dismissal of its challenge against the concept approval given for the 200-lot Sandy Shores development at Hearnes Lake.

The Sandy Shores development is approximately six times larger than that originally endorsed by Council.

The sticking point of the decision is that Council don't want to see a development go ahead on land that has previously been earmarked as a floodplain.

The possibility of new landowners in the estate experiencing flooding or those living in adjoining lands having flooding issues moved to their homes due to a shift in runoff is the Council's main concerns with the development.

The process toward this legal battle has been a long one.

On December 20, 2010, the then NSW Planning Minister Tony Kelly granted a concept approval for the Sandy Shores development site at Hearnes Lake under Part 3A of the State planning legislation.

That decision approved the extended Hearnes Lake/Sandy Beach development.

Council subsequently challenged the validity of that approval in the Land and Environment Court. A two-day hearing was held in June 2011 before the Hon. Justice Terence William Sheahan AO.

Justice Sheahan handed down his Judgement last month in which he dismissed the challenge.

After the judgement Council's lawyers lodged a Notice of Intention to appeal the decision.

Since the January 2012 decision further legal advice has been obtained from Mr John Griffiths SC.

While the content of that advice is unknown due to professional privilege, the fact that council has agreed to spend funds pursuing an appeal suggests the advice offers plenty of hope for council to win its appeal.



Join the Community.

Get your local news, your way.

Stay Connected

Update your news preferences and get the latest news delivered to your inbox.

Close but no cigar for Group 2 Gladiators against Group 3

Another huge game from Sawtell’s Lachie Miller (centre) sees him in the North Coast rep team.

Group 2 go down by two points in annual CRL rep battle

Snappers take charge in dying moments while Marlins go down

Referee Darren Jameson awards Kempsey a penalty in the meeting with Coffs Snappers.

Snappers, Pirates and Redmen win in Telstra MNC Rugby

Million dollar ice seizure after Coffs Harbour vehicle stop

Seizures of methylamphetamine by Coffs Harbour police continue with a $1 million shipment confiscated at a Pacific Highway car stop.

Police seize methylamphetamine at Coffs Harbour

Latest deals and offers


Rally Australia Chair Ben Rainsford

Kennards Hire Rally Australia will bring spectacular world rally action back to the NSW Coffs Coast on November 17-20.

Rally Australia Chairman Ben Rainsford comments on Coffs Harbour City Council...

AFL North Coast preview

BACK IN THE FOLD: Grafton’s Josh Lollback returns to the line-up for today’s knockout semi final clash against Port Macquarie. Photo: Debrah Novak/Daily Examiner

Paul Taylor and Allanah Hanson take a look at the AFL North Coast news ahead of...

British family bashed in Thailand

Family beaten and kicked unconscious by gang in Thailand.

Family beaten and kicked unconscious by gang in Thailand.

Renting harder in Coffs than Sydney

HIGH DEMAND: Coffs Harbour rental properties are in higher demand than in Sydney.

Coffs Harbour’s rental vacancy rate at lowest level in eight years

How a sacked real estate agent made $725k in four months

Agent is now under investigation by the industry watchdog

VIDEO: Art Deco fan pays $835,000 for Imperial Hotel

No Caption

Iconic "Impy" sold at a bargan price to bidder who loves Art Deco.