Odisho v Central Coast Council [2023] NSWLEC 1017

Land and Environment Court New South Wales

Medium Neutral Citation: Odisho v Central Coast Council [2023] NSWLEC 1017 Hearing dates: 3-4 November 2022 Date of orders: 17 January 2023 Decision date: 17 January 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) The development application DA 63360/2021 for the construction of a new pool to the beach side of the existing dwelling at 44 Ocean Street, North Avoca, is determined by the grant of consent subject to the conditions in Annexure A. (3) Exhibits 1-7 are returned, and the remaining exhibits are retained. Catchwords: APPEAL – development application – construction of a swimming pool seaward of the coastal building line – coastal erosion – whether it will increase the risk of beach erosion – definition of beach erosion – whether it will impact coastal management Legislation Cited: Central Coast Local Environmental Plan 2022 cl 1.8A Coastal Management Act 2016 ss 4, 5, Sch 3 Coastal Protection Act 1979 Environmental Planning and Assessment Act 1979 ss 3.43, 4.15, 8.7 Gosford Local Environmental Plan 2014 cl 2.3, 7.1 Interpretation Act 1987 s 30A Land and Environment Court Act 1979 s 34AA Protection of the Environment Operations Act 1997 State Environmental Planning Policy (Coastal Management) 2018 State Environmental Planning Policy (Resilience and Hazards) 2021 ss 2.2, 2.10, 2.11, 2.12, 2.13 Cases Cited: Jones-Evans v Council of the City of Sydney [2005] NSWLEC 300 Kelly v The Queen [2004] HCA 12 Zhang v Canterbury City Council (2001) 115 LGERA 373; NSWCA 167 Texts Cited: Central Coast Development Control Plan 2022 Coastal Engineering Manual (US Army Corps of Engineers, 2011) Gosford Beaches Coastal Zone Management Plan 2017 Gosford Development Control Plan 2013 P Watson, "Subject: Review of Models to Assess the Extent of Impacts from Coastal Processes on Basement Structures", 8 February 2007 Category: Principal judgment Parties: Jonathan Odisho (Applicant) Central Coast Council (Respondent) Representation: Counsel: T Poisel (Applicant) S Simington (Solicitor) (Respondent)