Rzepecki v Central Coast Council [2020] NSWLEC 1421

Land and Environment Court New South Wales

Medium Neutral Citation: Rzepecki v Central Coast Council [2020] NSWLEC 1421 Hearing dates: 18 August and 2 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 acid sulfate investigation, dated 25 August 2020; and an amended cl 4.6 written request, dated 19 August 2020. (2) The appeal is dismissed. (3) Development Application DA/658/2018 which as amended, seeks Torrens title subdivision of one lot into two lots, and construction of dual occupancy dwellings on Lot 128 in DP 18958, also known as 53 Manly Parade, The Entrance North is refused. (4) The exhibits are returned, except A, B, C, E and 7, which are retained. Catchwords: DEVELOPMENT APPLICATION –subdivision – dual occupancy dwellings – compatibility with character and streetscape – non-compliance with FSR seeking variation to development standard – acid sulfate soil investigation Legislation Cited: COVID-19 Legislation Amendment (Emergency Measures) Act 2020 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Wyong Local Environmental Plan 2013 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council 236 LGERA 256; [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (March 2020) Wyong Development Control Plan 2013 Category: Principal judgment Parties: Joseph Rzepecki (First Applicant) Leokadia Rzepecki (Second Applicant) Central Coast Council (Respondent) Representation: Counsel: A Gough (Applicants) S Simington (Respondent)