Damerau v Central Coast Council [2020] NSWLEC 1417

Land and Environment Court New South Wales

Medium Neutral Citation: Damerau v Central Coast Council [2020] NSWLEC 1417 Hearing dates: 3 September 2020 Date of orders: 10 September 2020 Decision date: 10 September 2020 Jurisdiction: Class 1 Before: Bish C Decision: The orders of the Court are as follows: (1) The Court grants leave to rely on amended subdivision plan, version D, dated 28 February 2020. (2) The appeal is dismissed. (3) Development Application DA/27/2019, which as amended seeks subdivision of one residential lot into two residential lots, the demolition of a shed, and connection to an existing sewer system on Lot 2 in DP 9672, also known as 15 Marine Parade, Rocky Point is refused. (4) All the exhibits are retained. Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision – essential services – insufficient information in order to assess development application – flood risk Legislation Cited: COVID-19 Legislation Amendment (Emergency Measures) Act 2020 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Wyong Local Environmental Plan 2013 Texts Cited: BMT WGM Wyong River Catchment Flood Study 2014 Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (March 2020) WMA Water Tuggerah Lakes Floodplain Plan 2014 Wyong Development Control Plan 2013 Category: Principal judgment Parties: Andrew Damerau (First Applicant) Quanhong Sun (Second Applicant) Central Coast Council (Respondent) Representation: Counsel: A Damerau (Litigant in person) (First Applicant) Q Sun (Litigant in person) (Second Applicant) K Mortimer (Respondent)