Duratyne Pty Ltd v Central Coast Council [2020] NSWLEC 1252

Land and Environment Court New South Wales

Medium Neutral Citation: Duratyne Pty Ltd v Central Coast Council [2020] NSWLEC 1252 Hearing dates: Conciliation conference on 9 June 2020 Date of orders: 16 June 2020 Decision date: 16 June 2020 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) Leave is granted to the Applicant to rely upon the amended plans and documents listed in Condition 1.1 of Annexure "A" hereto and to delete the conditions of the consent relating to BASIX. (2) The appeal is upheld. (3) The modification application as amended to amend Development Consent DA53996/2018, which applies to the land at 78 Glenworth Valley Road, Wendoree Park, is conditionally approved such that the consent is modified as indicated in Annexure "A". Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Fisheries Management Act 1994 Gosford Local Environmental Plan 2014 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Coastal Management) 2018 Texts Cited: Gosford Development Control Plan 2013 Category: Principal judgment Parties: Duratyne Pty Ltd (Applicant) Central Coast Council (Respondent) Representation: Counsel: J Reid (Applicant) S Simington (Solicitor) (Respondent)