A controversial mixed-use development proposed for 227-233 Ocean View Rd, Ettalong Beach, has been approved by the Land and Environment Court subject to a variety of amendments.
Senior Commissioner Susan Dixon upheld an appeal by developer Jedaclew Pty Ltd against a refusal by Central Coast Council of the latest amendment to the commercial and shop-top housing project following a conciliation meeting between the two parties.
Originally proposed as a six-storey development, the project has had a chequered history, including a refusal from the Central Coast Local Planning Panel last year.
But Dixon found that the amended development, with a reduction to five storeys and an increase in setbacks, among other amendments, is consistent with the object of the zoning which applies to it.
The Court heard from four objectors, who described the proposal as an overdevelopment of the site and as being “out of character with the seaside village of Ettalong”.
“While some conceded an improvement in the design by the removal of the originally proposed apartments on the sixth level, they remained resolute in their view that the design changes had not gone far enough,” Dixon said.
“They believe that the amended design does not transition sympathetically with the adjoining R2 low density residential zoned neighbouring sites and its non-compliant setbacks and height generate overshadowing on adjoining blocks, the public footpath and the roadway.
“One of the submitters also raised concern about the demolition of the historic shops and the removal of healthy vegetation to make way for this oversized development.
“These concerns were also repeated in the written submissions lodged with the Council in response to the notifications of the DA.”
After hearing from the objectors the parties sought an adjournment of the hearing to allow the matter to be allocated to a conciliation conference, during which a further set of amended plans was produced which the Council’s experts agreed resolved the issues between the parties and reduced the impacts on the adjoining sites.
Dixon said she was satisfied that the amended proposed development is consistent with the relevant objectives of the zone in that it: increases the provision of commercial opportunities and housing accommodation within a higher density residential zone that is well serviced by public transport;is compatible with the surrounding land uses and allows the construction of additional commercial development and dwellings in line with the needs of the community; allows a mixed used development aesthetic architectural design and the incorporation of landscaping that is compatible with the locality; and shows high internal performance of the units, lack of external impacts to the surrounding properties as well as the improved environmental and social outcomes.
Source:
Land and Environment Court ruling 2021/00352993- DA/57779/2019