Developers to appeal DA refusal in court

Developers for a proposal that was refused by the Local Planning Panel in November 2022 will appeal the decision in the Land and Environment Court.

The panel refused the application for three townhouses saying the land size at 16 Warrah St, Ettalong Beach, did not meet minimum requirements – nor did the minimum ceiling heights or the rear boundary setbacks.

As part of its decision, the Panel recommended that Central Coast Council consider conducting a strategic planning review of the planning controls, development provisions and character statements for Umina, Woy Woy and Ettalong, to ensure there was consistency between the relevant controls, provisions and character statements applicable to each locality, and clear direction and expectation on the desired future character of these suburbs.

Council is still to conduct those planning reviews.

The applicant argued that the proposal was essentially the same as what has been established historically and more recently under the Gosford Development Control Plan 2013, listing 19 nearby sites.

Each dwelling would include three bedrooms, living areas with vehicular access via central driveway to separate garages provided for each dwelling.

The proposed dwellings provide ground floor private open space areas with courtyards, internal storage and a space to locate waste collection bins away from the street and clothes drying areas that would be screened from other dwellings and the public domain.

The Local Planning Panel, at its February 15 meeting, delegated to appropriate Council officers the ability to give legal instruction to Council’s external legal counsel at any proceedings relating to the appeal, including any conciliation conference in accordance with Section 34 of the Land and Environment Court Act 1979.

No court date has been set.

Merilyn Vale