Sandy Shores decision could be headed for High Court

Council is seeking leave to appeal the Sandy Shores development in the High Court.
Council is seeking leave to appeal the Sandy Shores development in the High Court.

COFFS Harbour City Council is seeking leave to appeal the Sandy Shores development in the High Court.

During a confidential session at last week's Council meeting, councillors voted to authorise the general manager to instruct its solicitors, Sparke Helmore Lawyers, to seek urgent advice from Senior Counsel as to the grounds and prospects of seeking leave to the High Court.

The general manager was also authorised to instruct its solicitors to lodge an application to the High Court seeking leave to appeal.

Council will receive a further report from Senior Counsel indicating the prospects of success in the High Court leave application.

On March 6, the NSW Court of Appeal dismissed Council's appeal against a previous judgment made by the Land and Environment Court in relation to the 200-lot Sandy Shores development at Hearnes Lake.

The court ruled Council is to pay the respondents' costs.

The respondents are the NSW Minister for Planning and Infrastructure, the Director-General of the NSW Department of Planning and Infrastructure and Sandy Shores Development Pty Ltd.

The Court of Appeal will determine the detail of the costs which releiable sources have revealed could be greater than $400,000.

An unsuccessful appeal in the High Court will see the costs blow out even further.

Not all councillors agreed with the motion with it being carried by a vote of 5-4.

Crs Rod Degens, John Arkan, Keith Rhoades and Mark Sultana voted against it.

In fact Cr Rod Degens moved earlier, with the support of Cr John Arkan, council accepted the decision of the Court of Appeal and negotiate costs with the respondents as detailed in advice received from Sparke Helmore Lawyers.

This motion was defeated.

Topics:  appeal, coffs harbour city council, development application, high court, sandy shores




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