Ourimbah Region Residents Association (ORRA) has applauded the Land and Environment Court’s rejection on September 13 of the latest amended proposal for a boarding house in Glen Rd, Ourimbah.
Applicant Zenith Tuggerah Pty Ltd had lodged an appeal with the Court against a deemed refusal of its latest development application (DA) for a 53-room boarding house on the site by Central Coast Council.
The Court was not satisfied that the proposed amended development addressed the relevant jurisdictional and merit assessment requirements for it to determine to grant consent to it under appeal and rejected the DA.
The Court also ordered the Zenith to cover Council’s costs.
First mooted in 2013, the proposal for a boarding house has seen multiple rejections and amendments, with the latest amended DA, submitted to Central Council in November, 2020, proposing a 53-room boarding house, including one room as a manager’s residence, comprising 18 double rooms, 30 single rooms and four accessible rooms.
The building would be up to three storeys and parking for 25 cars would be provided.
Commissioner Sarah Bish acknowledged Council’s major concerns that the development would be incompatible and inconsistent with the character of the local area, streetscape and zone objective and that inadequate landscaping allowed potential impact to two Tallowwood trees at the front of the site.
“I find that the proposed extent, elevation, and proximity to the front boundary of the cantilevered portion of the parking area, which also includes an enclosed bin storage area, is incompatible with the character of the local area and does not complement the existing streetscape,” Bish said.
“The proposed cantilevered structure, as designed and located on the site, will likely be highly visible when observed from Glen Rd, the adjoining (western) property, as well as from the corner of Glen Rd and the Pacific Hwy.
“Due to the proposed size of the boarding house, specifically the number of rooms, on a constrained lot (due to the existing watercourse), and the requirement for associated services and structures that support the boarding house, being parking and waste management, this results in a development that is not suitable to the site.
“The amended application is an overdevelopment.”
Bish also found that based on the evidence of engineering and arboriculture experts, the proposed location/design of the cantilevered structure had the potential to adversely impact on the two Tallowwood trees at the front of the site.
“I accept that the amended application seeks retention of these trees, however, I find that the proposed development does not provide sufficient certainty that these trees are capable of being protected,” she said.
ORRA spokesperson, Allan Benson, said the Court’s decision vindicated the group’s long-held contention that the proposal is an unsuitable development for the area.
“This has been running since December 2013 and it has been before the Land and Environment Court three times,” Benson said.
“Each time the Court has ruled against the developer.
“The Court has agreed with the position ORRA has held all along.
“We have been successful in every battle we have fought for nine years.”
Benson said the group was hopeful the latest refusal would see an end to the boarding house proposal.
“The developer still has the option to put in another DA but we are hopeful that if that happens it will be a development that is in keeping with the character of Ourimbah.”
Member for The Entrance, David Mehan, who has long opposed the proposed development, also praised the decision.
He said the proposal would constitute gross overdevelopment of the site and was not at all in character with the historic Ourimbah Village.
“I am very concerned by reports that Central Coast Council continued to entertain amendments to the development during the court proceedings without any community consultation,” he said.
“Our community (members) have always worked hard to preserve the historic small timber town feel of Ourimbah and should be congratulated for their persistence and dedication, which should never be underestimated.”
Terry Collins