Norman McDonald & Anor v Central Coast Council [2017] NSWLEC 1207

Land and Environment Court New South Wales

Medium Neutral Citation: Norman McDonald & Anor v Central Coast Council [2017] NSWLEC 1207 Hearing dates: 21-24 February 2017 Date of orders: 18 April 2017 Decision date: 18 April 2017 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. 42661/2012 for proposed alterations and additions to the existing Avoca Beach Theatre for a mixed use development, at 69-71 Avoca Drive, Avoca Beach, is approved, subject to the conditions of consent at Annexure "A". 3. The exhibits, other than exhibits 1, B F and L, are returned. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to the Avoca Beach Theatre; mixed use development; impact on the heritage qualities and character of the Avoca Beach Theatre; parking. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Heritage Act 1977 Cases Cited: BGP Properties v Lake Macquarie (2004) 138 LGERA 237 Category: Principal judgment Parties: Norman Augustus McDonald Hunter and Beth Janine Hunter (Applicant) Central Coast Council (Respondent) Representation: Counsel: Mr P Tomasetti SC with Ms A. Hemmings barrister (Applicant) Mr M. Staunton barrister (Respondent) Solicitors: Conditsis Lawyers (Applicant) Marsdens Law Group (Respondent) File Number(s): 2016/155633

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 42661/2012 for proposed alterations and additions to the existing Avoca Beach Theatre for a mixed use development (the proposal) at 69-71 Avoca Drive, Avoca Beach (the site) by Central Coast Council (the Council). 2. The appeal was subject to mandatory conciliation on 18 July 2016, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached during the conciliation phase, the conciliation conference was terminated on 22 July 2016, pursuant to s 34(4) of the LEC Act. 3. Leave was granted by the Court on 16 September 2016 for the applicant to rely on an amended proposal. Leave was granted by the Court at the commencement of the hearing in court for the applicant to rely on a further amended proposal incorporating two minor amendments (the proposal).