Fitton v Central Coast Council [2022] NSWLEC 1215

Land and Environment Court New South Wales

Medium Neutral Citation: Fitton v Central Coast Council [2022] NSWLEC 1215 Hearing dates: 15-16 March 2022, written submissions received on 6 April 2022 Date of orders: 2 May 2022 Decision date: 02 May 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development Application DA/190/2021 seeking approval for dual occupancy (detached) and associated earthworks and tree removal at 93 Vales Road Mannering Park is determined by way of refusal. (2) The exhibits are retained except for exhibits 1, A and C. Catchwords: DEVELOPMENT APPLICATION – dual occupancy detached, access via right of way – whether the essential services required for the development are available – whether adequate arrangements have been made to make suitable vehicular access available – whether the precondition for essential services is met – development consent refused. Legislation Cited: Conveyancing Act 1919, Pt 1, Sch 8 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34AA Wyong Local Environmental Plan, cll 7.2, 7.9 Cases Cited: RTA 'Guide to Traffic Generating Development' October 2002 Wyong Development Control Plan 2013 Texts Cited: Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 Huntington & Macgillivray v Hurstville Council and Ors [2004] NSWLEC 694 Huntington & MacGillivray v Hurstville City Council (No 2) (2005) 139 LGERA 84; [2005] NSWLEC 155 Michael Brown Planning Strategies Pty Ltd v Wingecarribee Shire Council (2020) 247 LGERA 221; [2020] NSWCA 137 Opera Properties v Northern Beaches Council [2017] NSWLEC 1507 Young & Anor v Gosford City Council (2001) 120 LGERA 243; [2001] NSWLEC 1914 Category: Principal judgment Parties: Annabel Lees Fitton (Applicant) Central Coast Council (Respondent) Representation: Counsel: A Pickup (Applicant) J Fan (Respondent)