Ingenia Communities Pty Ltd v Mid-Coast Council [2021] NSWLEC 1131

Land and Environment Court New South Wales

Medium Neutral Citation: Ingenia Communities Pty Ltd v Mid-Coast Council [2021] NSWLEC 1131 Hearing dates: 23-25 November 2020 Date of orders: 16 March 2021 Decision date: 16 March 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) The development application for alterations and additions to an existing caravan park at 321 Boomerang Drive, Blueys Beach, is granted subject to the conditions of consent in Annexure A. (3) Exhibits 1-3 and 6-10 are returned. Catchwords: APPEAL – development application – alterations and additions to caravan park – consistency with zone objectives – contamination – access to services and facilities – displacement of tourist accommodation – density of the proposed development – whether the use for long term accommodation is particularly suitable due to the location and character of the land – amenity impacts – displacement of long term residents Legislation Cited: Environmental Planning and Assessment Act 1979 Local Government Act 1993 Local Government (Caravan Parks and Camping Grounds) Transitional Regulation 1993 Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 National Environment Protection (Assessment of Site Contamination) Measure 1999 (Cth) State Environmental Planning Policy No 21—Caravan Parks State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Great Lakes Local Environmental Plan 2014 Cases Cited: Codling v Central Coast Council [2019] NSWLEC 1158 Moorebank Recyclers Pty Ltd v Benedict Industries Pty Ltd [2015] NSWLEC 40 New Century Developments Pty Limited v Baulkham Hills Shire Council (2003) 127 LGERA 303; [2003] NSWLEC 154 Renaldo Plus 3 Pty Limited v Hurstville City Council [2005] NSWLEC 315 Ryan v Port Stephens Council [2008] NSWLEC 66 Texts Cited: Australian Standards 1428.1-2009 Design for access and mobility Australian/New Zealand Standards 2890.1:2004 Parking facilities Environment Protection Authority, Technical Note: Investigation of Service Station Sites (April 2014) Great Lakes Development Control Plan 2014 Department of Urban Affairs and Planning Managing Land Contamination Planning Guidelines: SEPP 55 – Remediation of Land, NSW, 1998 Mid Coast Council's Destination Management Plan Mid Coast Council's Urban Land Monitor (2016) Category: Principal judgment Parties: Ingenia Communities Pty Ltd (Applicant) Mid-Coast Council (Respondent) Representation: Counsel: C McEwen SC and T Poisel (Applicant) J Smith (Respondent)