Event and Time
Event Description
The case involves an interlocutory application by Friends of Coila (FoC) seeking interim injunctive relief to halt ongoing construction of residential units on land at Tuross Heads, NSW, which has received multiple development approvals since 1984. FoC alleges that the Eurobodalla Shire Council (the Council) failed to consider certain mandatory relevant matters when granting a modification approval (Mod 22) and a subdivision works certificate (swc) for the development.
Application and Claims
- Applicants: Friends of Coila (FoC)
- Respondents: McCloy Tuross Heads Pty Ltd and Eurobodalla Shire Council
- Claims:
- FoC challenges Mod 22 and the swc, asserting failure to properly consider environmental impacts and cultural significance to Indigenous peoples. - FoC seeks an interim injunction to stop the construction.
Judicial Decisions
- The application for interim injunction is dismissed based on lack of serious question to be tried and excessive delay in bringing the application. FoC is ordered to pay the respondents' costs.
Dispute Points and Legal Basis
Dispute Points
- Friends of Coila (FoC) Arguments:
- Argues the Council failed to consider: - Environmental impacts on native flora and fauna. - The cultural significance of the land to the Walbunja and Brinja-Yuin people. - Specific assessments (PMA and OnSite Reports) related to potential threats to biodiversity and heritage. - Claims the decision was unreasonable and contravenes the precautionary principle. - Seeks to demonstrate that the continuation of works would irreparably harm cultural heritage and the environment.
- McCloy Tuross Heads Pty Ltd Arguments:
- Asserts that adequate assessments were carried out, including consideration of submissions and existing consents. - Argues that the construction has been extensively planned and financial losses would ensue from halted works.