Pinchgut Pty Ltd v Central Coast Council [2021] NSWLEC 1527

Land and Environment Court New South Wales

Medium Neutral Citation: Pinchgut Pty Ltd v Central Coast Council [2021] NSWLEC 1527 Hearing dates: 4, 5 August 2021 Date of orders: 13 September 2021 Decision date: 13 September 2021 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is dismissed, (2) Development application DA/993/2019 for development of a boarding house and ancillary works at 17 Burns Road Ourimbah (Lot 17, 18, 19, 20 DP 706878) is determined by way of refusal. (3) The exhibits are returned with the exception of Exhibits 3, A and B. Catchwords: DEVELOPMENT APPLICATION – boarding house development – existing vacant land – low density residential environment – variation sought to standard which limits boarding houses in low density residential land to 12 rooms – determining objectives of the standard – is compliance with the standard unreasonable or unnecessary – sufficiency of environmental planning grounds – interaction between proposed development and existing easements and rights of way – appeal dismissed Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 4.16, 4.15 Environmental Planning and Assessment Regulation 2000, cl 55 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 30A, 30AA, 26, 27, 54C State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007, cl 45 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Cases Cited: Al Maha Pty Ltd v Huajun Investments Pty Ltd (2018) 365 ALR 86; [2018] NSWCA 245 Baron Corporation Pty Ltd v Council of City of Sydney (2019) 243 LGERA 338; [2019] NSWLEC 61 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 GM Architects Pty Ltd v Strathfield Council [2020] NSWLEC 1522 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118Meriton v Sydney City Council (2004) 140 LGERA 144; [2004] NSWLEC 313 Penshurst Laycock Pty Ltd v Georges River Council [2021] NSWLEC 1382 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Randwick City Council v Micaul Holdings Pty Ltd (2016) 225 LGERA 94; [2016] NSWLEC 7Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Wyong Development Control Plan 2013 Category: Principal judgment Parties: Pinchgut Pty Ltd (Applicant) Central Coast Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) J Farrell (Respondent)