Elias & Anor v Gosford City Council [2016] NSWLEC 1054

Land and Environment Court New South Wales

Medium Neutral Citation: Elias & Anor v Gosford City Council [2016] NSWLEC 1054 Hearing dates: 9 and 15-17 September 2015 Date of orders: 16 February 2016 Decision date: 16 February 2016 Jurisdiction: Class 1 Before: Tuor C Decision: (1) The appeal is dismissed (2) The development application (DA 44920/2013) to construct a mixed use development comprising ground level retail areas, a café with outdoor seating area and parking and a boarding house above at 302 Ocean View Road, Ettalong Beach, is refused. (3) The exhibits, except Exhibits 1 and 5, are returned. Catchwords: DEVELOPMENT APPLICATION: mixed use development comprising retail premises, café and boarding house. Compatibility with the character of the local area, adequacy of parking. Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy 65 - Design Quality of Residential Flat Buildings State Environmental Planning Policy No 71 – Coastal Protection Gosford Planning Scheme Ordinance Gosford Local Environmental Plan 2014 Cases Cited: Blackmore Design Group Pty Limited v North Sydney Council 2001 NSWLEC, Cooney v Municipality of Hunters Hill [2013] NSWLEC 1187 Futurespace Pty Ltd v Ku Ring Gai Council [2009] NSWLEC Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC, Project Venture v Pittwater Council (2005) 141 LGERA 80 SJ Connelly Pty Ltd v Ballina Shire Council [2010] NSWLEC 167 Terrace Tower Holdings Pty Limited v Sutherland Shire Council 2003 NSWCA Weriton Finance Pty Ltd v Wollongong City Council [2010] NSWLEC 1301 Category: Principal judgment Parties: Simon Elias and Betty Elias (Applicants)