NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Bonnefin v Central Coast Council [2021] NSWLEC 1321 Hearing dates: 25 May 2021 Date of orders: 8 June 2021 Decision date: 08 June 2021 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The Applicant is granted leave to rely on amended plans; (2) The appeal is upheld; (3) The Applicant's development application no. 1171/2020 is determined by the grant of consent, subject to the conditions at Annexure A; (4) The exhibits are returned, except exhibits A and 2. Catchwords: DEVELOPMENT APPLICATION – construction of a garage – potential amenity impacts – whether rear setback acceptable – whether car manoeuvrability is acceptable – application of s 4.15(3A) of EP&A Act Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7(1) Environmental Planning and Assessment Regulation 2000, cl 77 Land and Environment Court Act 1979, s 34AA Wyong Local Environmental Plan 2013, cll 2.3, 7.9 Texts Cited: Land and Environment Court of New South Wales COVID-19 Pandemic Arrangements Policy, 6 April 2021 Wyong Development Control Plan 2013 Category: Principal judgment Parties: Heath Bonnefin (Applicant) Central Coast Council (Respondent) Representation: Counsel: L Sims (Applicant) M Ball (Solicitor) (Respondent)
Solicitors: Central Coast Council (Respondent) File Number(s): 2021/54684 Publication restriction: No
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