Two court decisions last week involved proposed developments on the Woy Woy peninsula.
An Ettalong developer has succeeded in the Land and Environment Court to overturn a Local Planning Panel refusal of the development.
The court decision gives the green light to the $9.5M commercial development and shop top housing of 26 units at 227-233 Ocean View Rd, Ettalong which was refused by the panel in February, 2021.
The panel listed the height variations to guidelines as one of the reasons for rejecting the six storey proposal when five storeys is the planning standard.
The panel was not happy with the amenity of the units or the fact the development would isolate adjacent site 235 Ocean View Rd.
However, the Land and Environment Court has given approval to revised plans submitted this year in a decision made on September 2 after a conciliation conference on July 19 failed to resolve the matter.
The council website fails to show the latest proposal but key features that went to the planning panel included:
- Basement parking levels of car parking
- Ground floor commercial tenancies;
- 5 levels of 1, 2 and 3-bedroom residential apartments.
The Land and Environment Court has also given the green light to a development proposal for 90-92 Booker Bay Road, Booker Bay after conciliation between the parties was successful.
The Court arranged a conciliation conference which was held on 19 July 19.
The court said that after more time was given, the parties filed an amended DA agreement that was acceptable to the parties.
The applicant has been granted consent to demolish existing structures and construct a two storey residential flat building comprising five units.
More than 20 residents made submissions within the three-week notice period concerning the building size, density and character of the proposed building.
Why do we have regulations, which are lax enough as they are, when developers can get them so easily over ruled?