Pennings G & M v Wyong S C [2004] NSWLEC 160

Land and Environment Court of New South Wales

CITATION : Pennings G & M v Wyong S C [2004] NSWLEC 160 APPLICANT Pennings G & M PARTIES : RESPONDENT Wyong Shire Council

FILE NUMBER(S) : 10719 and 10721 of 2003 CORAM: Hussey C KEY ISSUES: Development Consent :- Section 96 modification - substantially same development - encroachment into forshore erosion zone LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Wyong Local Environment Plan 1991 CASES CITED: DATES OF HEARING: 05 - 06/04/2004 EX TEMPORE 04/06/2004 JUDGMENT DATE :

APPLICANT Dr S Bervelling, barrister SOLICITORS Conditis & Associates

LEGAL REPRESENTATIVES: RESPONDENT Mr J Cole, barrister SOLICITORS Abbott Tout

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

10719 & 10721 of 2003 Hussey C 6 April 2004 Pennings G & M Applicant

v Wyong Shire Council Respondent Judgment

Background 1. These proceedings involve the following two appeals which relate to alterations and extensions to a dual occupancy development at 15 Hutton-Street, North Entrance. Appeal 1: No. 10721/03, is an appeal against council's refusal of a s 96 modification to regularise additional building works undertaken.

Appeal 2: No.10719/03, which is an appeal against council's refusal to issue a Building Certificate for the completed works 2 . The parties agreed that the 2 appeals be heard concurrently. 3 . The site is described as Lot 27, in DP 207704 and has a total area of 890 m2 and has a frontage of approximately 15 m to Hutton Street and extends through to a beach frontage. Two dwellings are erected on site, i.e. the eastern house is a three-bedroom, single level dwelling fronting the ocean and western house is a fibro cottage fronting Hutton Street.