Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30:

1. COMMISSIONER: These proceedings are a Class 1 development appeal pursuant to s 8.9 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Modification Application DA/133/2003/F (the sixth Modification Application) by the Central Coast Council to modify Development Consent DA/133/2003 to change the design of a new residential flat building at Lot C DP 343781, Lot E DP 403890, Lot 2 DP 205929 and Lot 11 DP 502613, known as 2a, 2, 4, and 6 Bayview Avenue, The Entrance, NSW, 2261 (the site).

2. The parties advise that the proposed development (the sixth Modification Application) is submitted pursuant to the provisions of s 4.55(2) of the EPA Act.

3. The sixth Modification Application as lodged with the Respondent on 14 December 2022 included the following proposed modifications:

1) Increased number of basement levels from 1 to 2, including reconfiguration of the approved basement level car parking layout and increased number of car parking spaces by 25, from 72 to 97 (comprising 86 residential spaces and 11 visitor spaces). The proposed Basement Level 1 comprises 43 car spaces and Basement Level 2 comprises 54 car spaces;

2) Introduction of openings in northern external wall of Basement Level 1 which extends above ground level;

3) Reconfiguration of ground level layout including:

a) Removal of three at-grade car spaces in the southeast corner of the site;

b) Relocation of the fire hydrant booster adjacent to the Bayview Avenue frontage of the site;

c) Removal of the swimming pool and cabana area in the northeast corner of the site; and

d) Introduction of a new waste collection area and waste vehicle loading area within the front setback area adjacent to Ambler Parade.

4) Reconfiguration of the lift lobby, light well and residential unit layout at each level of the building;

5) Altered residential unit mix maintaining 48 units in the development;

6) Provision of lift access to the rooftop private open space areas (Unit 43 to 48) and inclusion of a bathroom and BBQ facilities for each unit;

7) Increased building height to the top of parapet/rooftop balustrade by 3.8 metres (approximately), from RL 37.9 to RL 41.7;

8) Increased floor to floor heights at Basement Level 1, Level 1 and Level 8;

9) Deletion of roof feature and shading devices and replacement with a solid flat roof design (roof form components reduced in scale), resulting in an overall increased maximum building height for the development of 2 metres (approximately);

10) Modified facade design, including replacement of circular window openings with rectangular openings on the southern, eastern, western elevations; and

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197ae81b28438d649e3e75a5)

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