Center Developments Pty Ltd v Wyong Shire Council [2009] NSWLEC 1356

Center Developments Pty Ltd v Wyong Shire Council [2009] NSWLEC 1356

The proposed development fails to make adequate provision for public access along the foreshore as required under SEPP 71 and the relevant planning strategy, frustrates an important component of the strategy, and is unacceptably dominant in terms of scale, form, and massing; design and streetscape issues further support refusal of the application.

Parties
Applicant: Center Developments Pty Ltd; Respondent: Wyong Shire Council
Jurisdiction
Australia
Judgment Date
27 October 2009
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Development Application, Public Access, Foreshore, Scale and Massing, Design Features, Streetscape, Setbacks, Parking, Noise
Planning Law Development Application Public Access Foreshore Scale and Massing Design Features Streetscape Setbacks +2 more

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Parties

Center Developments Pty Ltd

Applicant

Wyong Shire Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether public foreshore access should be provided as part of the development
  2. 2 Whether the design of the proposed residential flat building is acceptable for the site
  3. 3 Whether the scale, form, and massing of the proposed development is appropriate

Ratio Decidendi

The proposed development fails to make adequate provision for public access along the foreshore as required under SEPP 71 and the relevant planning strategy, frustrates an important component of the strategy, and is unacceptably dominant in terms of scale, form, and massing; design and streetscape issues further support refusal of the application.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • Development Application No DA/484/2008 for the demolition of all existing structures and the construction of a residential flat building containing 12 units at 2 – 4 Brogden Road and 6 Hargraves Street, Entrance North is refused.