JNH Group Pty Ltd v Gosford City Council [2004] NSWLEC 22

Land and Environment Court of New South Wales

CITATION : JNH Group Pty Ltd v Gosford City Council [2004] NSWLEC 22 JNH Group Pty Ltd Applicant PARTIES : Gosford City Council Respondent FILE NUMBER(S) : 11030 of 2003 CORAM: Roseth SC KEY ISSUES: Development Application - Planning Instruments :- Question of permissibility LEGISLATION CITED: CASES CITED: Lonergan v Byron Shire LEC No 10497 of 1997, unreported DATES OF HEARING: 27/01/2004 to 29/01/2004 EX TEMPORE 01/29/2004 JUDGMENT DATE :

Mr P Clay, barrister LEGAL REPRESENTATIVES: Mr M Fraser, barrister

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 11030 of 2003

Roseth SC

29 January 2004 JNH Group Pty Ltd Applicant v Gosford City Council Respondent Judgment answering two preliminary questions: 1. What is a road transport facility? Is the proposed development a road transport facility?

Introduction 1 This is an appeal against the refusal by Gosford City Council (the council) of a development application for a road transport facility on lot 12 DP 590280, Pacific Highway, Mount White. The parties agreed that the merit part of the appeal is not ready to proceed and asked me to determine the threshold issue, namely whether or not the proposal is permissible.

The proposal and its history 2 During the course of the hearing the applicant amended the application. The proposal now consists of the following elements: · A service station/general store of 150m2 with associated parking for 4 cars · A fruit and vegetable shop of 100m2 with associated parking for 4 cars · 23 detached accommodation units comprising two bedrooms, living, dining and kitchen with associated parking for 46 cars · Conversion of an existing dwelling to a restaurant with associated parking for 27 cars. · Parking for 8 recreational vehicles · An undefined (and small) area vaguely noted as Bus/Truck parking · A sewerage treatment plant and effluent disposal areas. 3 Access to the site is from the Pacific Highway near the Mount White exit off the F3 Freeway.