Coastplan Consulting v Gosford City Council [2013] NSWLEC 1087

Land and Environment Court New South Wales

Medium Neutral Citation: Coastplan Consulting v Gosford City Council [2013] NSWLEC 1087 Hearing dates: 15, 16 May 2013 Decision date: 23 May 2013 Jurisdiction: Class 1 Before: Hussey C Decision: (1)The appeal is dismissed. (2)The SEPP 1 Objection to the minimum lot size development standard in cl 18(3)(d) of IDO 122 is disallowed. (3)Development consent to DA No 43165/2012 Part 1 for a twolot subdivision of 179 The Scenic Drive, Killcare Heights is refused. (4)The exhibits may be returned except for 2, 3, A and C. Catchwords: Development application - rural subdivision, minimum lot size - SEPP 1 Objection - objectives of the zone - character of the area - tourist development Legislation Cited: IDO No 122 State Environmental Planning Policy No 1 - Development Standards Draft Gosford Local Environmental Plan 2009 State Environmental Planning Policy 71 - Coastal Protection Rural Fires Act 1997 Cases Cited: Hooker Corporation Pty Ltd v Hornsby Shire Council (1986) 130 LGERA 438 Wehbe v Pittwater Council [2007] NSWLEC 827 Category: Principal judgment Parties: Coastplan Consulting (Applicant)

Gosford City Council (Respondent) Representation: Mr G McKee (Applicant)

Mr M Everingham (Respondent) File Number(s): 10194 0f 2013

Judgment

Background 1This appeal was lodged against council's refusal of a two-lot rural subdivision at 179 The Scenic Road, Killcare Heights. The following contentions were identified for the appeal: * Non-compliance with minimum lot sizes and SEPP 1 Objection * Consistency with the objectives of the zone * Compliance with the character of the area * Bushfire, asset protection zones (APZ)