The Land and Environment Court has today 15 October 2019, in accordance with section 34 of the Land and Environment Court Act 1979, upheld an appeal brought by A Denny after Central Coast Council refused to approve a development application for a Colourbond fence on Wards Hill Road, Killcare Heights.

The Court upheld the appeal after leave was granted to the applicant to submit an amended proposal and plan providing for the demolition of the existing fence and erection of a new fence. The fence as approved incorporates features which resulted in compliance with the objectives of the zone, and the Development Control Plan, including:

• Relocating the fence 1.5m inside the boundary line;
• Addition of “indents” to provide relief to the appearance of the fence;
• Addition of spaces in the indents to provide some degree of transparency;
• Painting the fence in more neutral “mid-tone” colours;
• Providing gaps beneath the fence for fauna access.

In upholding the appeal, the Court was satisfied that the visual impact of the fence, as agreed, is acceptable and consistent with the desired future character of the locality. The Court was also satisfied that the proposal conforms to the Rural Fire Service’s Planning for Bushfire Protection. The Court considered that it could grant consent on these terms in the proper exercise of its functions.