Currency Corporation Pty Limited v Wyong Shire Council [2007] NSWLEC 634

Land and Environment Court of New South Wales

CITATION : Currency Corporation Pty Limited v Wyong Shire Council [2007] NSWLEC 634

APPLICANT Currency Corporation Pty Limited PARTIES : RESPONDENT Wyong Shire Council

FILE NUMBER(S) : 11494 of 2005

CORAM: Hoffman C

KEY ISSUES: Appeal :- redevelopment of residential units,

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

CASES CITED: Tenacity V Warringah [2004]NSWLEC140

DATES OF HEARING: 26/2/2007, 06/03/2007, 27/03/2007, 25/07/2007, 26/07/2007 and 27/07/2007

DATE OF JUDGMENT: 28 September 2007

APPLICANT Mr Craig, QC and Mr Eastmen, solicitor Instructed by Grech Solicitors LEGAL REPRESENTATIVES:

RESPONDENT Mr C. Leggatt, SC Instructed by Mr P. Brown, solicitor of Abbott Tout Solicitors

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

28 September 2007

11494 of 2005 Currency Corporation Pty Limited v Wyong Shire Council

JUDGMENT 1 This is a Class 1 Appeal No. 11494 of 2005 between Currency Corporation and Wyong Shire Council in regard to the refusal of redevelopment of flats on No.50 Werrina Parade, Blue Bay, The Entrance. 2 There had been different schemes put forward by the applicant, and following a Preliminary Decision by Biscoe J and Directions Hearings by Preston CJ and Jagot J, a final scheme was prepared and renotified for public comment. It did not involve use of the adjoining property for vehicular access as had previous schemes. Description of the Subject Land and Locality: 3 The subject site is located in Blue Bay, a coastal suburb to the south of The Entrance on the Central Coast. Werrina Parade follows the coastline and provides access to approximately 73 houses. As the subject land is located on the eastern side of Werrina Parade it is a beach front property situated with one end on the frontal dune and the other end rising up the hillside to the Parade. The land falls away from Werrina Parade toward the east, with an overall fall of approximately 12.0m down to the beach.