Tony Denny Colorbond fence at Killcare Heights approved by court

The Land and Environment Court has handed down its decision on the Colorbond fence that divided public opinion, created a kerfuffle at council and infuriated a wealthy property developer.

Tony Denny Colorbond Fence Killcare Heights artwork.

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The NSW Land and Environment Court has upheld an appeal that will allow millionaire property developer Tony Denny to keep his controversial Colorbond fence.

The beige fence was famously rejected by Central Coast Council in February after a backlash from the Killcare Heights community which said it was our of character with the “rural” nature of the suburb.

However, the decision wasn’t a clear cut one to allow the original fence.

Tony Denny's property at 91-105 The Scenic Road Killcare Heights.

The Land and Environment Court allowed Mr Denny to submit an amended proposal which will mean the demolition of the original $4000 fence and it’s replacement with a new one which will have to:

■ Be moved 1.5m inside the boundary line;

■ Have “indents” added to provide relief to the appearance of the fence.

■ Have spaces added in the indents to provide some degree of transparency.

■ Be painted a more neutral “mid-tone” colour.

■ Provide gaps beneath the fence for fauna access.

the fence at the centre of the saga. Picture: AAP /Sue Graham.

Central Coast council issued a statement about the decision which the Court was satisfied that the visual impact of the new fence was 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 statement said.

“The Court considered that it could grant consent on these terms in the proper exercise of its functions.”

Mr Denny said he was “very pleased” with the result of the mediation with Central Coast Council.

“It’s a pity that [previous mayor] Jane Smith intervened and overturned the original permission granted by Central Coast Council,” Mr Denny said.

“I estimate this process would have cost local ratepayers $30-40k in unnecessary legal and consultant costs,” he said.

“In my opinion Jane Smith should resign immediately for wasting ratepayer’s funds.

“The Central Coast deserves better.”

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