Al Ali v Gosford City Council [2013] NSWLEC 1261

Land and Environment Court New South Wales

Medium Neutral Citation: Al Ali v Gosford City Council [2013] NSWLEC 1261 Decision date: 23 December 2013 Jurisdiction: Class 1 Before: Dixon C Decision: (1)The appeal is upheld. (2)Development consent is granted for the proposed educational establishment (Senior Agricultural School) on Lot 87 DP 755252 being land at 2964 Wisemans Ferry Road, Mangrove Mountain in accordance with concept plan exhibit F, subject to conditions of consent in exhibit 25 as amended to incorporate the proposed pump out system. (3)The council is directed to forward conditions electronically to the court with 21 days. (4)The exhibits are returned apart from exhibit 1, 25 and F. Catchwords: DEVELOPMENT APPLICATION - proposed agricultural high school on prime agricultural land - whether the school is properly characterised as an agricultural use - whether the school should be approved as a matter of public health policy given its proximity to a drinking water catchment Legislation Cited: Environmental Planning and Assessment Act 1979 - Section 79C and 91, Schedule 4A Interim Development Order No 122 Draft Gosford Local Environmental Plan 2009 Local Government Act 1993 - Section 89 Threatened Species Conservation Act 1995 The Water Act 1912 Rural Fires Act 1997 Protection of the Environmental Operations Act State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No. 55 -Remediation of Land State Environmental Planning Policy No. 19 -Urban Bushland Sydney Regional Environmental Plan No 20 -Hawkesbury/Nepean River Sydney Regional Environmental Plan No 8 -Central Coast Plateau Areas Sydney Regional Environmental Plan No 9 -Extractive Industries Development Control Plan No 89 - Scenic Quality Development Control Plan No 106 - Controls for Site Waste Management 2005 Development Control Plan No 111 - Car Parking Development Control Plan No 165 - Water Cycle Management Central Coast Regional Strategy Council Policy No D6.41 (Water Supply Catchment Area) Cases Cited: Conservation of North Oceans Shores Inc v Byron Shire Council &Ors [2009] NSWLEC 69;(2009) 167LGERA 52 Preston CJ at [77] Segal & Anor v Waverley Council [2005] NSWCA 310; (2005) 66 NSWLR 177 Category: Principal judgment Parties: Ghazi Al Ali (Applicant)