Sleiman v Central Coast Council [2019] NSWLEC 1549

Land and Environment Court New South Wales

Medium Neutral Citation: Sleiman v Central Coast Council [2019] NSWLEC 1549 Hearing dates: 30 September 2019; 31 September 2019; 1 October 2019; 24 October 2019 Date of orders: 13 November 2019 Decision date: 13 November 2019 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) Leave is granted to rely on: amended plans, dated 10 October 2019; and conditions of consent, dated 4 October 2019. (2) The appeal is dismissed. (3) Development Application 134/2018 to demolish an existing dwelling and construct multi-dwelling housing consisting of three separate dwellings on Lot 29 DP 17615, also known as 15 Stewart Street, The Entrance North is refused. (4) The exhibits, except for Exhibits 7, 4, B and C are returned. Catchwords: DEVELOPMENT APPLICATION – multi-dwelling development – flood risk – reliance on evacuation plan with safe egress - tree protection plan – absence of root mapping – character and streetscape consistency Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 71 – Coastal Protection Wyong Local Environmental Plan 2013 Cases Cited: Al Maha Pty Ltd v Huajun Investments Pty Ltd (2018) 365 ALR 86 Kirzner v Manly Council [2013] NSWLEC 1016 Mison v Randwick Municipal Council (1991) 23 NSWLR 734 Texts Cited: Australian Institute for Disaster Resilience, Australian Disaster Resilience Handbook Collection, Guideline 7-3: Technical flood risk management guideline: Flood hazard (2014) Australian Standard for Protection of Trees, AS4970-2009 NSW Government Flood Development Manual: the management of flood liable land (2005) State Emergency Services, Wyong Shire Local Flood Plan (2013) Tuggerah Lakes Floodplain Risk Management Study and Plan (2014) Wyong Development Control Plan 2013 Category: Principal judgment Parties: Tony Sleiman (First Applicant) Nathalie Marie Sleiman (Second Applicant) Central Coast Council (Respondent) Representation: Counsel: P Crennan (Solicitor) (Applicants) M Fraser (Respondent)