CCS Design Pty Ltd trading as Knight Mapleton Design Partners v Central Coast Council [2024] NSWLEC 1067

Land and Environment Court New South Wales

Medium Neutral Citation: CCS Design Pty Ltd trading as Knight Mapleton Design Partners v Central Coast Council [2024] NSWLEC 1067 Hearing dates: 6-7 December 2023 Date of orders: 21 February 2024 Decision date: 21 February 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development application DA/62934/2021 for demolition works and construction of a multi dwelling housing development at 34 Warrah Street, Ettalong Beach is determined by refusal of consent. (3) The exhibits are returned with the exception of the following exhibits which are retained A, B, D, E, G and 2. Catchwords: DEVELOPMENT APPLICATION – multi dwelling housing – desired future character – front setback configuration – streetscape presentation – visual privacy – non-compliance with the minimum lot size for multi dwelling housing Legislation Cited: Environmental Planning and Assessment Act 1979, ss 3.42, 4.15, 8.7, 8.15 Central Coast Local Environmental Plan 2022, s 1.8A Environmental Planning and Assessment Regulation 2000, cl 55 Gosford Local Environmental Plan 2014, cll 4.1B, 4.3, 4.4, 4.6 Cases Cited: Big Property Group Pty Ltd v Randwick City Council [2021] NSWLEC 1161 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Wehbe v Pittwater Council [2007] NSWLEC 827 Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 Zhang v Canterbury City Council (2001) 51 NSWLR 589; [2001] NSWCA 167 Texts Cited: Central Coast Development Control Plan 2022 Gosford Development Control Plan 2013 Category: Principal judgment Parties: CCS Design Pty Ltd trading as Knight Mapleton Design Partners (Applicant) Central Coast Council (Respondent) Representation: Counsel: C Koikas (Applicant) C Rose (Solicitor) (Respondent)