Oxford Street Holdings Pty Ltd v Mid-Coast Council [2019] NSWLEC 1283

Land and Environment Court New South Wales

Medium Neutral Citation: Oxford Street Holdings Pty Ltd v Mid-Coast Council [2019] NSWLEC 1283 Hearing dates: 3, 6-7 May 2019, written submissions 16 May, 29 May and 6 June 2019. Date of orders: 21 June 2019 Decision date: 21 June 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Appeal is dismissed; (2) Development Application No. DA/545/2017 for construction of a manufactured home estate and boundary adjustment on Lot 2 DP 1012758 and Lot 312 DP 774361 known as 1 Bottlebrush Close, Green Point is refused; (3) The exhibits are returned with the exception of Exhibits 1, A, and B. Catchwords: DEVELOPMENT APPLICATION – Proposed manufactured home estate – provision of adequate transport services – sufficiency of community facilities available - offer of a community bus and 'convenience store' in the clubhouse – suitability of the site for development – appropriateness of the proposed development in its context – appeal dismissed Legislation Cited: Environmental Planning and Assessment Act 1979 Great Lakes Local Environmental Plan 2014 Land and Environment Court Act 1979 State Environmental Planning Policy (Coastal Management) 2018 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 State Environmental Planning Policy No 36 —Manufactured Home Estates State Environmental Planning Policy No 44 – Habitat Koala Protection State Environmental Planning Policy No 71 —Coastal Protection State Environmental Planning Policy (Primary Production and Rural Development) 2019 State Environmental Planning Policy (Rural Lands) 2008 Cases Cited: BGP Properties Pty Limited v Lake Macquarie City Council [2004] NSWLEC 399 INA Operations Pty Ltd AFT INA Operations Trust No. 6 v Hawkesbury City Council [2018] NSWLEC 1582 INA Operations Pty Ltd ATF INA Operations Trust No.6 v Hawkesbury City Council [2018] NSWLEC 1582 Kindimindi Investments Pty Ltd v Lane Cove Council [2006] NSWCA 23, 143 LGERA 277 Mison and ors v Randwick Municipal Council (1991) 23 NSWLR 734 Newbury District Council v Secretary of State for Environment [1981] AC 578 TMT Devco Pty LTD v Cessnock City Council [2016] NSWLEC 1161 Wakefield Planning Pty Limited v Yass Valley Council [2014] NSWLEC 1131 Texts Cited: 'Caravan Park for Long Term Residence Policy', Mid-Coast Council, 2017 'Forster Tuncurry Conservation and Development Strategy', Great Lakes Council, 2007 'Guide for Traffic Generating Developments' Roads and Maritime Services 2002 'Hunter Regional Plan 2036', NSW Department of Planning, 2016 'Manufactured Homes Survey 2013: Report on Findings', Queensland Government, 2014 'Mid North Coast Regional Strategy 2006-2031', NSW Department of Planning, 2009 Forster Tuncurry Conservation and Development Strategy' (2007) Great Lakes Development Control Plan 2014 Local Government (Manufactured Home Estates) Transitional Regulation 1993 Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 Tuncurry Forster Conservation Strategy 2003 Category: Principal judgment Parties: Oxford Street Holdings Pty Ltd (Applicant) Mid-Coast Council (Respondent) Representation: Counsel: Mr M Staunton (Applicant) Ms H Irish (Respondent)