Druitts Developments Pty Ltd v Gosford City Council (No 2) [2001] NSWLEC 98

Land and Environment Court of New South Wales

CITATION : Druitts Developments Pty Ltd v Gosford City Council (No 2) [2001] NSWLEC 98 APPLICANT: Druitts Developments Pty Ltd PARTIES : RESPONDENT: Gosford City Council FILE NUMBER(S) : 10075 of 2001 CORAM: Bignold J KEY ISSUES: Development Application :- relying upon SEPP No 5. - Development site held to be "environmentally sensitive land"—SEPP No 5 does not apply with result that development proposal not permissible development. LEGISLATION CITED: State Environmental Planning Policy No 5 CASES CITED: DATES OF HEARING: 16 May 2001 DATE OF JUDGMENT: 05/17/2001

APPLICANT: Mr J Webster, Barrister SOLICITORS Taperell Rutledge LEGAL REPRESENTATIVES: RESPONDENT: Mr A J J Thompson, Barrister SOLICITORS P J Donnellan & Co

JUDGMENT:

IN THE LAND AND Matter No. 10075 of 2001 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 17 May 2001

DRUITTS DEVELOPMENTS PTY LTD

Applicant

v

GOSFORD CITY COUNCIL

Respondent

JUDGMENT

Bignold J:

A. INTRODUCTION

1. This is an appeal pursuant to the Environmental Planning and Assessment Act 1979, s 97 (the EP&A Act) against the Council's deemed refusal of the Applicant's development application to develop land known as Nos 5 and 7 Ficus Avenue, Avoca (the development site) pursuant to the enabling provisions of State Environmental Planning Policy No 5 - Housing for Older People or People with a Disability (SEPP No 5). The proposed development involves a complex accommodating eight residential units.