Dunford v Gosford City Council (No.2)

Land and Environment Court New South Wales Medium Neutral Citation: Dunford v Gosford City Council (No.2) [2014] NSWLEC 1275 Hearing dates:3 December 2014Decision date: 03 December 2014 Jurisdiction:Class 1Before: Brown C Decision: Notice of Motion dismissed Catchwords: NOTICE OF MOTION: motion to alter the statement of facts and contentions relating to the erection of a dwelling house at Wamberal Beach Legislation Cited: Environmental Planning and Assessment Act 1979 Cases Cited: Gales Kingscliff Pty Ltd v Tweed Shire Council (No 2) [2007] NSWLEC 817 Category:Principal judgmentParties: Esther Dunford (Applicant) Gosford City Council (Respondent) Representation: Counsel: Ms A Hemmings, barrister (Applicant) Mr M Fraser, barrister (Respondent) Solicitors: Hicksons (Applicant) Gosford City Council (Respondent) File Number(s):10636 of 2014Publication restriction:NoJudgment COMMISSIONER: Appeal No. 10643 of 2014 is an appeal against the refusal of DA 4125/2014 by Gosford City Council for the demolition of an existing dwelling and the construction of a new dwelling and basement car parking at 23B Ocean View Drive, Wamberal. The appeal was set down for hearing on 9,10,11 December 2014. A summary of the council contentions maintains that the application should be refused because: the construction of the dwelling does not sufficiently avoid or minimise the potential risk of coastal erosion, and the construction of the dwelling is not in the public interest as it will be impacted by coastal hazard processes resulting in property damage and loss. The site is Lot 2 in DP 8854. It has a western frontage to Ocean View Road of 16.48 m, a northern...