Gregory v Central Coast Council [2016] NSWLEC 1652

Land and Environment Court New South Wales

Medium Neutral Citation: Gregory v Central Coast Council [2016] NSWLEC 1652 Hearing dates: 14 & 15 December 2016 Date of orders: 15 December 2016 Decision date: 15 December 2016 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is dismissed. 2. Application Number DA/1034/2013-A that seeks to modify the development consent granted by the Hunter and Central Coast Joint Regional Planning Panel for a boarding house and manager's residence at 2 - 6 Glen Road, Ourimbah is refused. 3. The exhibits are returned with the exception of exhibit 6. Catchwords: MODIFICATION: delete condition requiring removal of hostel rooms – whether proposed modification substantially the same development as the development for which consent was originally granted Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 Wyong Local Environmental Plan 2013 Cases Cited: Houlton v Woollahra Municipal Council (1997) 95 LGERA 201 Moto Projects (No 2) Pty Ltd v North Sydney Council (1999) 106 LGERA 298 North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 97 LGERA 433 Vasic Pty Ltd v Penrith City Council [1992] NSWLEC 8 Category: Principal judgment Parties: Kevin Gregory (Applicant) Central Coast Council (Respondent) Representation: Counsel: Mr A Pickles SC (Applicant) Mr J Connors, barrister (Respondent)