Zenith Tuggerah Pty Ltd v Central Coast Council [2022] NSWLEC 1488

Land and Environment Court New South Wales

Medium Neutral Citation: Zenith Tuggerah Pty Ltd v Central Coast Council [2022] NSWLEC 1488 Hearing dates: 28-30 March 2022 and 8 August 2022 Date of orders: 13 September 2022 Decision date: 13 September 2022 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The appeal is dismissed. (2) Development Application 1249/2020 which, as amended, seeks demolition of existing structures, construction of a 53-room boarding house with parking on Lots 18, 19 and 20 DP 20723, also known as 2-6 Glen Road, Ourimbah is refused. (3) The applicant is to pay the respondents costs thrown away as a result of the amendments of the application for development consent, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (4) The exhibits are returned. Catchwords: DEVELOPMENT APPLICATION – boarding house –consistency with character and streetscape – significant tree protection – stormwater services Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 4.47, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Evidence Act 1995 No 25 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2021, ss 6, 7 Standard Instrument (Local Environmental Plans) Order 2006, cl 8 State Environmental Planning Policy (Affordable Rental Housing) 2009 cll 29, 30, 30A, State Environmental Planning Policy (Housing) 2021, Sch 7A State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Water Management Act 2000, s 91 Wyong Local Environmental Plan 2013, cll 1.2, 2.3, 7.9 Texts Cited: AS/NZ 2890.2004 - Australian/New Zealand Standard for parking facilities – Part 1: Off-street parking AS 2890.2:2018 - Australian Standard parking facilities – Part 2: Off-street commercial vehicle facilities Central Coast Council - Civil Works Specification Design Guideline 2020 Ourimbah Area Strategy and Centre Master Plan 2022 Wyong Development Control Plan 2013 Category: Principal judgment Parties: Zenith Tuggerah Pty Ltd (Applicant) Central Coast Council (Respondent) Representation: Counsel: J Lazarus SC (Applicant) J Farrell (Respondent)