Zeaiter v Central Coast Council [2021] NSWLEC 1584

Land and Environment Court New South Wales

Medium Neutral Citation: Zeaiter v Central Coast Council [2021] NSWLEC 1584 Hearing dates: Conciliation conference on 15 September 2021 Date of orders: 1 October 2021 Decision date: 01 October 2021 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The request pursuant to clause 4.6 of the Gosford Local Environmental Plan 2014 to vary the development standard for floor space ratio contained in clause 4.4(2A) of the instrument prepared by Tim Shelley Planning dated July 2021 is upheld. (2) The appeal is upheld. (3) Development application DA58026/2020 for a 3-storey multi-dwelling housing development comprising 6 townhouses, and associated car parking, driveways, fencing, demolition of 2 existing houses, landscaping and utility services at 259 Burge Road and 200 Blackwall Road Woy Woy being Lot 6A DP 326825 and Lot 7 DP 9470 respectively, is approved subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – multi-dwelling housing – clause 4.6 request – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Gosford Local Environmental Plan 2014 cll 4.4, 4.6 Land and Environment Court Act 1979 State Environmental Planning Policy (Coastal Management) 2018 cll 13, 15 & 16. State Environmental Planning Policy No 55 – Remediation of Land Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Gosford Development Control Plan 2013 Category: Principal judgment Parties: Charlie Zeaiter (Applicant) Central Coast Council (Respondent) Representation: Counsel: P Wright (Solicitor) (Applicant) J Farrell (Respondent)