Kalava v Central Coast Council [2019] NSWLEC 1221

Land and Environment Court New South Wales

Medium Neutral Citation: Kalava v Central Coast Council [2019] NSWLEC 1221 Hearing dates: Conciliation conference on 17 April 2019 Date of orders: 05 June 2019 Decision date: 05 June 2019 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) Leave is granted to the Applicant to amend Development Application DA/135/2017 in the following manner: (a) Replace Appendix 7 of the Statement of Environmental Effects with the Plan of Management dated 9 May 2019. (b) Update the Site Plan Detail HIS00216 DA.001 to the version of that plan showing the proposed location of a clothes line. (c) Update the Stormwater Plan 190371-SK-001 to version B of that plan dated 1 May 2019 and showing the balance tank overflow to connect to a separate pit / trench to be designed at CC stage. (d) Include the Wastewater Management Report prepared by Decentralised Water Consulting dated 30 April 2019. (e) Include the Plant Community Assessment & 7 Part Test Assessment on Proposed Sewerage Management prepared by Anderson Environment & Planning dated 28 February 2019. (2) No order as to costs. (3) The Appeal is upheld (4) Development Application DA/135/2017 for the construction and operation of a Transitional Group Home for the purposes of drug and alcohol rehabilitation on land at 74 Glen Road, Ourimbah is approved, subject to the conditions in annexure "A" hereto. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Rural Fires Act 1997 State Environmental Planning Policy (Affordable Rental Housing) 2009 Wyong Local Environment Plan 2013 Texts Cited: Wyong Shire Development Control Plan 2013 Category: Principal judgment Parties: Sujatha Kalava (Applicant) Central Coast Council (Respondent) Representation: Counsel: L Nurpuri (Respondent)