Odisho v Central Coast Council [2023] NSWLEC 1017

Odisho v Central Coast Council [2023] NSWLEC 1017

The proposed pool is permissible as ancillary development seaward of the coastal building line and, based on expert evidence, will not increase the risk of coastal hazards beyond an acceptable or inconsequential level confined to the site. The conditions for the exemption under the Gosford DCP are met. No ground for refusal under SEPP or CZMP is made out. Consequently, consent may be granted.

Parties
Applicant: Jonathan Odisho; Respondent: Central Coast Council
Jurisdiction
Australia
Judgment Date
17 January 2023
Procedural Posture
Appeal (class 1) Planning and Environment / Final Judgment After Hearing
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
Development Application, Coastal Hazard, Local Environmental Plan, Ancillary Development, Coastal Building Line, Coastal Management Program
Planning and Environment Administrative Law Development Application Coastal Hazard Local Environmental Plan Ancillary Development Coastal Building Line Coastal Management Program

Case Brief

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Parties

Jonathan Odisho

Applicant

Central Coast Council

Respondent

Procedural Posture

Appeal (class 1) Planning and Environment / Final Judgment After Hearing

Legal Issues

  1. 1 Whether development consent should be granted for construction of a pool seaward of the coastal building line
  2. 2 Whether the proposed pool increases the risk of coastal hazards, notably beach erosion
  3. 3 Whether the proposal complies with relevant planning controls and coastal management legislation

Ratio Decidendi

The proposed pool is permissible as ancillary development seaward of the coastal building line and, based on expert evidence, will not increase the risk of coastal hazards beyond an acceptable or inconsequential level confined to the site. The conditions for the exemption under the Gosford DCP are met. No ground for refusal under SEPP or CZMP is made out. Consequently, consent may be granted.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • The appeal is upheld.
  • Development application DA 63360/2021 for construction of a new pool to the beach side of the existing dwelling at 44 Ocean Street, North Avoca, is granted subject to conditions in Annexure A.