Longhill Planning v Wyong Shire Council [2006] NSWLEC 202

Land and Environment Court of New South Wales

CITATION : Longhill Planning v Wyong Shire Council [2006] NSWLEC 202

APPLICANT Longhill Planning PARTIES : RESPONDENT Wyong Shire Council

FILE NUMBER(S) : 10278 of 2005

CORAM: Bly C

KEY ISSUES: Development Application :- Demolition of an existing warehouse building, Construction of a hotel, Amenity and Social Impacts in the locality, Existing use.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000 Wyong Local Environmental Plan 1991

DATES OF HEARING: 01/03/2006 and 02/03/2006

DATE OF JUDGMENT: 04/27/2006

APPLICANT Mr P. Tomasetti, barrister Instructed by Mr Myers of Cameron Myers LEGAL REPRESENTATIVES:

RESPONDENT Mr A. Pickles, solicitor Instructed by Mr P. Brown of Abbott Tout

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

27 April 2006

10278 of 2005 Longhill Planning v Wyong Shire Council

JUDGMENT Introduction 1 This appeal relates to Development Application No 975/2004, which is for the development of Lot 2 DP 518378 being land known as No 211 Wallarah Road, Kanwal as a hotel ("the proposed hotel"). Demolition of an existing warehouse building is also proposed.

2 The proposed hotel building is to have a total floor area of about 550 sq m including a cafe lounge of about 43 sq m, a gaming room of about 53 sq m, a lounge area of about 77 sq m and a bistro area of about 75 sq m. In addition there is to be an outdoor garden area of about 30 sq m. Sixty on-site car parking spaces and a loading dock are to be provided via a separate entry and exit arrangement off Wallarah Road. The building is to be mainly of single-storey construction with a two-storey service tower arrangement in the northwestern corner.