Thomas v Central Coast Council [2020] NSWLEC 1666

Thomas v Central Coast Council [2020] NSWLEC 1666

Because the proposed short-term rental accommodation was permissible with consent in the R2 Low Density Residential Zone, involved a dwelling containing 5 bedrooms within the limit in cl 7.18 of the Wyong Local Environmental Plan 2013, had obtained a Bushfire Safety Authority, did not offend relevant SEPP 71 considerations, and was not inconsistent with the draft short-term rental accommodation SEPP, the parties' agreed decision to approve the development application subject to conditions was a decision the Court could have made. The Court therefore was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
21 December 2020
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. Da/288/2018 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; Development Application No. DA/288/2018 approved subject to conditions.
Legal Topics
['development Application' 'short Term Rental Accommodation' 'conciliation Conference' 'development Consent' 'bushfire Safety Authority' 'coastal Protection' 'local Environmental Planning']
['planning and Environment Law'] ['development Application' 'short Term Rental Accommodation' 'conciliation Conference' 'development Consent' 'bushfire Safety Authority' 'coastal Protection' 'local Environmental Planning']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. Da/288/2018 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreement to approve Development Application No. DA/288/2018 subject to conditions was a decision the Court could have made in the proper exercise of its functions." 'Whether the proposed additional use of the existing dwelling for short-term rental accommodation was permissible with consent and satisfied relevant jurisdictional prerequisites.']

Ratio Decidendi

Because the proposed short-term rental accommodation was permissible with consent in the R2 Low Density Residential Zone, involved a dwelling containing 5 bedrooms within the limit in cl 7.18 of the Wyong Local Environmental Plan 2013, had obtained a Bushfire Safety Authority, did not offend relevant SEPP 71 considerations, and was not inconsistent with the draft short-term rental accommodation SEPP, the parties' agreed decision to approve the development application subject to conditions was a decision the Court could have made. The Court therefore was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; Development Application No. DA/288/2018 approved subject to conditions.

Orders

  • ['Leave is granted to the applicant to amend Development Application No. DA/288/2018 to rely on the Plan of Management Short Term Rental Accommodation – 18 Soldiers Point Drive Norah Head dated December 2020 and House Rules – Short-term accommodation – 18 Soldiers Point Drive Norah Head dated December 2020.' 'The...