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

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

Clause 29 of the SEPP (Affordable Rental Housing) 2009, which protects developments from refusal solely on the basis of meeting certain numerical standards, does not constrain the operation of cl 30A; consent authorities may, and must, consider the design of the development in its entirety with respect to compatibility with the local area's character, including aspects of height, bulk, scale and setbacks. The proposed boarding house, while compliant with FSR and height standards, is not compatible with the character of the local area under cl 30A, and the site is not suitable for the proposed development; therefore, consent is refused and the appeal is dismissed.

Parties
Applicants: Kevin Gregory and Patricia Gregory; Respondent: Central Coast Council
Jurisdiction
Australia
Judgment Date
02 August 2017
Procedural Posture
Appeal Development Application (class 1) / Final Judgment and Orders
Outcome
Appeal dismissed. Development application refused.
Legal Topics
Development Application, Boarding House, Compatibility With Local Area, Interpretation of Planning Instruments, Affordable Rental Housing, Environmental Planning and Assessment Act 1979, State Environmental Planning Policy (affordable Rental Housing) 2009, Wyong Local Environmental Plan 2013, Wyong Development Control Plan 2013
Planning and Environment Law Development Application Boarding House Compatibility With Local Area Interpretation of Planning Instruments Affordable Rental Housing Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (affordable Rental Housing) 2009 +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Kevin Gregory and Patricia Gregory

Applicants

Central Coast Council

Respondent

Procedural Posture

Appeal Development Application (class 1) / Final Judgment and Orders

Legal Issues

  1. 1 Whether cl 29 of the SEPP constrains the analysis under cl 30A regarding compatibility with the character of the local area
  2. 2 Whether the design of the development is compatible with the local area's character under cl 30A of SEPP (Affordable Rental Housing) 2009
  3. 3 What weight should be given to a draft master plan in determining desired future character

Ratio Decidendi

Clause 29 of the SEPP (Affordable Rental Housing) 2009, which protects developments from refusal solely on the basis of meeting certain numerical standards, does not constrain the operation of cl 30A; consent authorities may, and must, consider the design of the development in its entirety with respect to compatibility with the local area's character, including aspects of height, bulk, scale and setbacks. The proposed boarding house, while compliant with FSR and height standards, is not compatible with the character of the local area under cl 30A, and the site is not suitable for the proposed development; therefore, consent is refused and the appeal is dismissed.

Court Disposition

Appeal dismissed. Development application refused.

Orders

  • Appeal dismissed.
  • Development application no. 1317/2016 for demolition of existing structures and construction of a four level boarding house at 2-6 Glen Road, Ourimbah is refused consent.