Angolet Pty Ltd v Central Coast Council [2023] NSWLEC 1346

Land and Environment Court New South Wales

Medium Neutral Citation: Angolet Pty Ltd v Central Coast Council [2023] NSWLEC 1346 Hearing dates: 6, 7 February and 14 April 2023 Date of orders: 05 July 2023 Decision date: 05 July 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is dismissed. (2) Modification application DA/52083/2017/4 seeking consent for alterations and additions to the approved development at 5-7 Church Street, Terrigal (Lots 19 and 20 in DP 7861) principally by the addition of a new level (sixth storey), containing a single penthouse apartment and alterations to the approved terraces on Level 5 is determined by the way of refusal. (3) Exhibits are returned with the exception of exhibits 2, A, C, D. Catchwords: MODIFICATION APPLICATION – Additional floor to approved shop top housing development –the development as modified is substantially the same as the development approved –the view impacts arising from the modification are unacceptable – application should be refused on merit – appeal dismissed Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.2, 8.9 Central Coast Local Environmental Plan 2022, cl 1.8A Gosford Local Environmental Plan 2014, cll 4.3, 4.4, 4.6 Land and Environment Court Act 1979, s 34 Cases Cited: Feldkirchen Pty Ltd v Development Implementation Pty Ltd (2022) LGERA 114; [2022] NSWCA 227 Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298; [1999] NSWLEC 280 North Sydney Council v Michael Standley & Associates Pty Ltd [1998] NSWSC 163 Vacik Pty Ltd v Penrith City Council [1992] NSWLEC 8 Texts Cited: Gosford Development Control Plan 2013 Category: Principal judgment Parties: Angolet Pty Ltd (First Applicant) Natva Investments Pty Ltd (Second Applicant) Central Coast Council (Respondent) Representation: Counsel: P Tomasetti SC (First and Second Applicant) H Irish (Respondent)