The Owners Strata Plan No. 855 v Gosford City Council [2011] NSWLEC 9

Land and Environment Court New South Wales

Medium Neutral Citation: The Owners Strata Plan No. 855 v Gosford City Council [2011] NSWLEC 9 Hearing dates: 16/8/2010, 17/8/2010,18/8/2010,19/8/2010, 25/8/2010, 9/9/2010 Decision date: 11 February 2011 Before: Craig J Decision: 1. Stand over the proceedings to Friday 18 February 2011. 2. Direct the parties to bring in short minutes of order reflecting my determination to allow the appeal and grant development consent to the applicant's development application attaching to such short minutes conditions of consent framed consistently with these reasons. 3. Order that the Council pay 15 percent of the applicant's costs of these proceedings, such costs to be as agreed or assessed. Catchwords: DEVELOPMENT APPLICATION:- appeal following refusal of development consent - residential flat building - existing use - compatibility with existing and likely future character - Gosford Planning Scheme Ordinance - Gosford Development Control Plan No. 159 (Character) Amendment One - different but not incompatible character - bulk and scale - compatible with surrounding development - appeal upheld

COSTS:- appeal following refusal of development consent - permissibility founded upon existing use - existing residential flat building erected in 1955 - contended by Council that no lawful consent granted for erection of existing building - contention abandoned on final day of hearing - evidence available to Council suggesting that contention unlikely to succeed - costs amended Legislation Cited: Draft Gosford Local Environmental Plan 2009 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Gosford Development Control Plan No. 159 (Character) Amendment One Gosford Planning Scheme Ordinance Local Government Act 1919 (now repealed) Strata Schemes (Freehold Development) Act 1973 State Environmental Planning Policy No. 71 - Coastal Protection State Environmental Planning Policy No. 65 Cases Cited: The Owners - Strata Plan No. 855 v Gosford City Council [2010] NSWLEC 106 Category: Principal judgment Parties: The Owners Strata Plan No. 855 (Applicant) Gosford City Council (Respondent) Representation: Counsel: P C Tomasetti SC (Applicant) T F Robertson SC (Respondent) Solicitors: Low, Doherty & Stratford (Applicant) P J Donnellan & Co (Respondent) File Number(s): 10230 of 2010