Dunford v Gosford City Council [2015] NSWLEC 1016

Dunford v Gosford City Council [2015] NSWLEC 1016

Development is permissible under the relevant environmental planning instruments, satisfies requirements of DCP 125 and DCP 2013 for construction prior to revetment wall, height and FSR variations are justified as strict compliance is unreasonable, and view loss is not catastrophic; thus, appeal is upheld and development is approved subject to conditions.

Jurisdiction
Australia
Judgment Date
14 January 2015
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'coastal Hazard' 'public Interest' 'height and Floor Space Ratio' 'view Loss']
['planning and Environment'] ['development Application' 'coastal Hazard' 'public Interest' 'height and Floor Space Ratio' 'view Loss']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the proposed development avoids or minimises potential risk from coastal erosion' 'Whether the proposed development is in the public interest given coastal hazard processes' 'Compliance with relevant planning controls, including height and floor space ratio' 'Impact on scenic views and view sharing']

Ratio Decidendi

Development is permissible under the relevant environmental planning instruments, satisfies requirements of DCP 125 and DCP 2013 for construction prior to revetment wall, height and FSR variations are justified as strict compliance is unreasonable, and view loss is not catastrophic; thus, appeal is upheld and development is approved subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'DA 45125/2014 for demolition and construction at 23B Ocean View Drive, Wamberal is approved subject to conditions in Annexure A.' 'The exhibits are returned with the exception of exhibits 6, 14, A and B.']