Pinchgut Pty Ltd v Central Coast Council [2021] NSWLEC 1527

Pinchgut Pty Ltd v Central Coast Council [2021] NSWLEC 1527

The proposed development fails to comply with the 12 boarding room limit under cl 30AA of SEPP Affordable Rental Housing Policy, and the applicant's request to vary this standard under cl 4.6 of the Wyong Local Environmental Plan 2013 is not justified, as the written request does not adequately address whether compliance is unreasonable or unnecessary, nor does it establish sufficient environmental planning grounds. Therefore, consent cannot be granted and the appeal is dismissed.

Jurisdiction
Australia
Judgment Date
13 September 2021
Procedural Posture
Appeal Under S 8.7 Environmental Planning and Assessment Act 1979 / Judgment, Final Determination
Outcome
Appeal dismissed, Development application refused
Legal Topics
['development Application' 'boarding House Standards' 'variation of Development Standards' 'amenity Impacts' 'environmental Planning Grounds']
['planning and Environment'] ['development Application' 'boarding House Standards' 'variation of Development Standards' 'amenity Impacts' 'environmental Planning Grounds']

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Procedural Posture

Appeal Under S 8.7 Environmental Planning and Assessment Act 1979 / Judgment, Final Determination

Legal Issues

  1. 1 ['Does the proposed boarding house development comply with cl 30AA of SEPP Affordable Rental Housing Policy (ARH)?' 'Is compliance with the standard unreasonable or unnecessary in the circumstances?' 'Are there sufficient environmental planning grounds to justify contravening the development standard?' 'Is the site suitable for the proposed intensity of development given its constraints?']

Ratio Decidendi

The proposed development fails to comply with the 12 boarding room limit under cl 30AA of SEPP Affordable Rental Housing Policy, and the applicant's request to vary this standard under cl 4.6 of the Wyong Local Environmental Plan 2013 is not justified, as the written request does not adequately address whether compliance is unreasonable or unnecessary, nor does it establish sufficient environmental planning grounds. Therefore, consent cannot be granted and the appeal is dismissed.

Court Disposition

Appeal dismissed, Development application refused

Orders

  • ['The appeal is dismissed.' 'Development application DA/993/2019 for development of a boarding house and ancillary works at 17 Burns Road Ourimbah (Lot 17, 18, 19, 20 DP 706878) is determined by way of refusal.' 'The exhibits are returned with the exception of Exhibits 3, A and B.']