The Land and Environment Court has refused an extra storey for the development currently being built at 5-7 Church St, Terrigal.
The court orders were made public late Wednesday, July 5.
The applicant Angolet Pty Ltd was seeking consent for proposed alterations and additions to the approved development at 5-7 Church Street, Terrigal.
Principally, it wanted the addition of a new level, a sixth storey, which would contain a single penthouse apartment and enlargement to the approved terraces on Level 5.
It has been determined by way of refusal, the judgement says.
Church Street is located one street behind Terrigal Esplanade which has frontage to Terrigal Beach.
“Terrigal Beach and the foreshore are areas of high scenic value,” the judgement states.
“As discussed later in this judgement, views to the beach and foreshore are highly valued by residents and the potential impact of the modification application on those views is a key issue in the proceedings.”
Commissioner Dickson then gives 37 pages explaining her findings.
The loss of views from a series of units at 15 Kurrawyba Avenue, 10 Church St and 9-11 Cadell St were considered and the concept of view sharing.
The judgement found the development modification that was proposed would have the effect of changing the nature of the views by varying degrees for each of the apartments at the nearby addresses.
Also, the development was non-compliant with a number of controls both in LEP (Local Environment Plan) 2014 and DCP (Development Control Plan) 2013 which the Commissioner said tended away from a conclusion of reasonableness of the adverse view impacts.
And she said that despite the modification entirely breaching the Maximum Building Height standard, there was no evidence in the architectural design to ameliorate this impact, for example, by facilitating a view corridor, or a section through which the total view of the sand to the horizon would be retained by residents to the west and or southwest of the site.
Instead, the modification application sought to further reduce the approved side setbacks.
The site was originally approved for a five storey development, one storey above the LEP guidelines.
After construction started, the applicant applied for a sixth storey.
It was knocked back by the Local PLanning Panel before the applicant appealed to the Land and Environment Court.