Kevin Gregory and Patricia Gregory v Central Coast Council [2017] NSWLEC 1400

Land and Environment Court New South Wales

Medium Neutral Citation: Kevin Gregory and Patricia Gregory v Central Coast Council [2017] NSWLEC 1400 Hearing dates: 18,19 and 20 July 2017 Date of orders: 02 August 2017 Decision date: 02 August 2017 Jurisdiction: Class 1 Before: Dixon C Decision: (1) Appeal dismissed. (2) Development application no. 1317/2016 lodged on 8 November 2016 for the demolition of existing structures and construction of a four level boarding house at 2-6 Glen Road, Ourimbah is refused consent. (3) Exhibits returned. Catchwords: APPEAL – development application for a four storey boarding house pursuant to State Environmental Planning Policy (Affordable Rental Housing) 2009 - compatibility with the character of the local area – meaning of design of the development in clause 30A of the SEPP Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 Wyong Local Environmental Plan 2013 Wyong Development Control Plan 2013 Cases Cited: Heatscape Pty Ltd V Mahoney [2017] NSWCCA 135 Project Blue Sky Inc and Ors v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Project Venture Development v Pittwater Council [2005] NSWLEC 191 Veloshin v Randwick Council [2007] NSWLEC 428 Stockland Development Pty Ltd V Manly Council [2004] NSWLEC 472 Category: Principal judgment Parties: Kevin Gregory and Patricia Gregory (Applicants) Central Coast Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) M Wright (Respondent)