Court dismisses boarding house appeal

The NSW Land and Environment Court has dismissed an appeal against Gosford Council's refusal of a proposal to build a boarding house in Ettalong.

Gosford mayor Cr Lawrie McKinna said it had been a long and anxious wait for the community to hear the fate of the Ettalong boarding house proposal.

"It is fantastic to see that Council's refusal of this development application almost two years ago has now been vindicated by the Court," Cr McKinna said.

"In the end the key issue the court had to decide was whether the proposal was compatible with the character of the local area," he said.

"Thanks to the strong arguments put forward by council's planning and urban design experts, the court decided this proposal did not fit with the area's character.

"There's no doubt that this is a major win for Council and local residents, especially given our ongoing concerns about the nature of the application," he said.

At an extraordinary meeting in May last year, Gosford councillors decided to cease conciliation proceedings in the court and defend council's refusal of the applicant's original proposal in 2014.

"Like I've said before, defending planning decisions in the court is not something councillors take lightly, particularly given the potential cost to the wider Gosford City community," Cr McKinna added.

"But the decision highlighted how important it was to listen to the groundswell of opposition from the local community and defend our original refusal."

However, the Court also found that concerns about parking, amenity and social impacts were not adequate reasons to refuse the application.

The development application was seeking to construct a mixed use development on Ocean View Rd in Ettalong, which comprised ground level retail areas, a cafe with outdoor seating and parking and a boarding house above.

The Peninsula Chamber of Commerce welcomed the news that the Court had formally refused the proposed boarding house at Ettalong after "a protracted court battle".

"This is wonderful news for the Ettalong community and all those residents that fought so hard to oppose this boarding house", said president Mr Matthew Wales.

"It was also a credit to Gosford Council and its legal team who put forward a strong case backed by a very passionate local community.

"In hindsight, we are so glad that the council listened to the Chamber of Commerce and the local residents when we urged them to fight the boarding house in the court," Mr Wales said

"We know this decision has come at a cost, but it was worth the fight to protect the lifestyle and amenity of the Ettalong community.

"The Chamber has always been of the view that boarding houses are necessary but only when they are located appropriately and close to community and support services.

"The Ettalong proposal was clearly in the wrong location and the court has now agreed by refusing the application.

"We sincerely hope that the applicant respects the wishes of the community and puts forward a more appropriate development that reflects the needs of the local community and is sympathetic to the local residential neighbourhood."

Media release, 16 Feb 2016

Lawrie McKinna, Gosford Council

Media release, 16 Feb 2016

Matthew Wales, Peninsula Chamber of Commerce