Belzer v Central Coast Council [2016] NSWLEC 1462

Land and Environment Court New South Wales

Medium Neutral Citation: Belzer v Central Coast Council [2016] NSWLEC 1462 Hearing dates: 27 September 2016 Date of orders: 28 September 2016 Decision date: 28 September 2016 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that:

(1) The appeal is partially upheld. (2) Condition 4.5 of the conditions of consent for Development Application 47218/2015 Part 1 (attached as 'Annexure A') is deleted. (3) Condition 6.2 of the conditions of consent for Development Application 47218/2015 Part 1 (attached as 'Annexure A') is retained. (4) The exhibits are returned other than Exhibits 1 and A. Catchwords: APPEAL: conditions of consent; retention of views; landscape vegetation height limits. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Texts Cited: Nil Category: Principal judgment Parties: Eric Belzer (Applicant) Central Coast Council (Respondent) Representation: Solicitors: Eric Belzer (Applicant) (Litigant in person) Mr Martin Ball, Central Coast Council (Respondent) File Number(s): 2016/167272 Publication restriction: Nil

Judgment 1. Mr Eric Belzer has appealed the Respondent's determination of his development application (DA 47218/2015 Part 1) in relation to the proposed demolition of an existing dwelling and erection of a new dwelling house at 1 Calais Rd Wamberal, NSW (Lot 76 of DP 13304). The appeal seeks the deletion of two conditions (conditions 4.5 and 6.2) included within the development consent issued by the Respondent (attached as 'Annexure A'). 2. The appeal is bought pursuant to s.97 of the Environmental Planning and Assessment Act 1979 (EPA Act), and was the subject of a conciliation conference under s34AA of the Land and Environment Court Act 1979 (LEC Act). 3. As the matter was unable to be resolved through conciliation, the conciliation conference was terminated and the matter heard forthwith as required under s.34AA.