A partially built block of units at 5-7 Church St, Terrigal, goes up for auction on February 10.
The site is being advertised as “a unique opportunity to acquire this partially completed blue chip development situated in the Terrigal CBD 50m to the beach”.
The advertisement goes on to say there are no inspections scheduled and to contact the agent to see the place which is listed as having 30 car spaces and 20 units.
The site has a long history.
It originally received development approval to go to five storeys when the guidelines for the area allowed only four storeys.
Then, once construction had started, the developers tried to get approval for a sixth storey.
The proposal eventually went to the Land and Environment Court which ruled against adding a sixth storey in July last year.
Applicant Angolet Pty Ltd was seeking consent for addition of a sixth storey, which would contain a single penthouse apartment, and enlargement to the approved terraces on level five.
In refusing the application, Land and Environment Court Commissioner Dickson said Terrigal Beach and the foreshore were “of high scenic value”.
“As discussed later in this judgement, views to the beach and foreshore are highly valued by residents and the potential impact of the modification application on those views is a key issue in the proceedings,” she said.
She found the loss of views from a series of units at 15 Kurrawyba Ave, 10 Church St and 9-11 Cadell St were considered and the development modification that was proposed would have the effect of changing the nature of the views by varying degrees for each of the apartments at the nearby addresses.
Also, the development was non-compliant with a number of controls both in LEP (Local Environment Plan) 2014 and DCP (Development Control Plan) 2013 which the Commissioner said tended away from a conclusion of reasonableness of the adverse view impacts.
And the Commissioner said that despite the modification entirely breaching the maximum building height standard, there was no evidence in the architectural design to ameliorate this impact, for example, by facilitating a view corridor, or a section through which the total view of the sand to the horizon would be retained by residents to the west and or south-west of the site.
Instead, the modification application sought to further reduce the approved side setbacks.
Construction stopped while the court case was held and never re-started.
Merilyn Vale
Terrigal desperate for parking for seniors, medical centre attendees and disabled. The Council owned site was a carpark but sold to developers. As the incomplete site is now being sold, perhaps Council might reconsider buying the site for multi-storey carpark or at least to replace the parking Terrigal lost when Council sold the site.
High Rise units in Frederick St, Point Frederick applied and was approved for a certain number of levels and then reapplied to add another part level for Penthouse after they started. Developers think they can pull the wool over our eyes, they so often get away with it, plus take libities with neighbouring properties as it’s easier to say sorry than ask permission. I have alot of stories regarding just one Development.