Brentwood Village Limited v Gosford City Council [2001] NSWLEC 112

Land and Environment Court of New South Wales

CITATION : Brentwood Village Limited v Gosford City Council [2001] NSWLEC 112 APPLICANT Brentwood Village Limited PARTIES : RESPONDENT Gosford City Council FILE NUMBER(S) : 10074 of 2000 CORAM: Cowdroy J KEY ISSUES: Development Consent :- appeal against council refusal of development consent for convalescent hospital - council thereafter resolving to grant approval of same development - Court satisfied that the merits of the application justifies approval LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 79C, s 91 CASES CITED: DATES OF HEARING: 21/5/01, 22/5/01 DATE OF JUDGMENT: 06/12/2001

APPLICANT Mr M Tobias QC

SOLICITORS Toltz La Hood LEGAL REPRESENTATIVES: RESPONDENT Mr P Thompson (Barrister)

SOLICITORS P J Donnellan & Co

JUDGMENT:

IN THE LAND AND MATTER No. 10074 of 2001 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 12/6/01

Brentwood Village Limited Applicant v Gosford City Council Respondent JUDGMENT

Facts

1. Brentwood Village Limited ("the applicant") instituted class one proceedings on 25 January 2001 following a decision by the Gosford City Council ("the council") to refuse the applicant's development application 7704/2000 for a convalescent hospital ("the application").

2. The application had been submitted to council on 22 March 2000. It related to land being Lot 1301 in DP 881285 and Lot 131 in DP 1976 situated at 351-361 Terrigal Drive, Erina ("the site") and was made in respect of a 182 bed facility in a single storey building connected by covered walkways and surrounded by landscaped areas ("the development").