Appeal lodged against rejection of Ettalong proposal
Jedaclew Pty Ltd has lodged an appeal with the Land and Environment Court against the rejection of its proposal to build a six-storey "shop top" residential development at 227-233 Ocean View Rd, Ettalong
The court will hold a conciliation conference on March 31.
The proposal for a building that would contain 90.2 square metres of ground floor commercial space and 25 apartments has been twice refused by the Local Planning Panel.
The building height did not comply with planning provisions and was the basis of a Section 4.6 variation request.
In its present form, the proposal was first submitted in December 2019 as DA57779.
Central Coast Council planning staff recommended approval.
There were large numbers of written submissions from the public objecting to the proposal.
In February last year, the Local Planning Panel rejected it.
In August, the applicant asked the Panel to review its decision, restating its claim that "the proposal gives a better design outcome than a compliant one".
The Panel again rejected the application in December giving a total of nine reasons for doing so.
The leading reason was: "The applicant's written statement submitted with the application fails to adequately address the matters in clause 4.6(3) and 4.6(4) of Gosford Local Environmental Plan 2014 (GLEP2014) sufficient to justify departure from clause 4.3 of GLEP2014 in relation to the development standard for height of buildings".
Wilshire Webb Staunton Beattie Lawyers will defend the appeal on behalf of Central Coast Council.
They have told objecting residents: "At the conciliation conference, a Commissioner of the Court meets with the parties, their legal representatives and any experts which the parties are relying upon to ascertain whether the matter is capable of resolution or whether issues can be reduced.
"You may be permitted to address the Court in relation to the proposed development at the conciliation conference."
SOURCE:
Letter, 2 Mar 2022
Cecilia Rose, Wilshire Webb Staunton Beattie Lawyers