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.



The wait is over ... CBD intersection to reopen

The new look Harbour Dr/Gordon St intersection will open to traffic on Thursday.

CBD intersection to open to traffic this week

Show the spirit of our 2452 postcode

Enter the Boambee East Community Centre's photographic competition

Locals dance up a storm at Buskers

LOCAL & LIVELY: See local acts like the Julie Ross dancers at Buskers Kids' Day.

THE Buskers Festival attracts star acts

Latest deals and offers

Mick Jagger to pay £2.5m to the woman carrying his baby

Mick Jagger is reportedly paying millions to pregnant ballerina

Navy man Keller ready to marry a perfect stranger

Former Navy engineer Keller is a participant in season three of Married At First Sight.

Tattoos are just the surface of Married At First Sight groom.

Ozzy cheated with 5 women in 5 countries: Sharon

Sharon Osbourne claims her husband Ozzy has cheated on her

The Big Music Quiz gives The Block a run for its money

Darren McMullen hosts the TV series The Big Music Quiz.

NEW challenger in TV ratings race shakes up Sunday night.

Britney Spears calls Carpool Karaoke appearance "awkward"

Britney Spears admits her Carpool Karaoke segment was "awkward"

Mariah Carey's sister Alison arrested for prostitution

Mariah Carey's sister has been arrested on charges of prostitution.

REVEALED: Pat Rafter's $18m Coast house on the market

Check out the photos of the Coast's most expensive property for sale

The "correction we had to have" in Gladstone's rentals

UPWARD MARCH: The rental vacancy rate in Gladstone has improved for the first time in more than a year, providing a confidence boost in the market.

Vacancy rates improve with signs that things are getting betterF

ISLAND FOR SALE: Cheap Fraser Coast island drops price again

Suna Island in the Great Sandy Strait will be auctioned by Ray White Hervey Bay on Saturday morning.

This is the cheapest island you will find for sale in Australia

How a family home can fit on a 250sq m block

This is what you can build on 250m2.

Here's the floor plan of a home built on 250sq m

Investors eye Gladstone's $4m island with resort approval

UP FOR SALE: Turtle Island is on the market.

CHINESE and Sydney investors flag interest in Gladstone island.

Take a sneak peek at this $19m Whitsunday mansion

Mandalay House features a private helipad.

Mandalay is currently on the market with an asking price of $19m