GV Nominee No 1 Pty Ltd v Central Coast Council [2021] NSWLEC 1230

Land and Environment Court New South Wales

Medium Neutral Citation: GV Nominee No 1 Pty Ltd v Central Coast Council [2021] NSWLEC 1230 Hearing dates: Conciliation conference on 23 April 2021 Date of orders: 6 May 2021 Decision date: 06 May 2021 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application DA/465/2020 lodged with Central Coast Council on 18 May 2020 in relation to development for a 95 residential lot subdivision (staged) with two (2) stormwater management facility lots at Lot 149 DP 1256521, also known as 5 Scribbly Gum Street, Berkeley Vale, subject to conditions in the annexure marked "A" and in accordance with the plans marked "B" to this judgment. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7(1) Environmental Planning and Assessment Regulation 2000, cl 77 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Coastal Management) 2018, cl 11 State Environmental Planning Policy (Koala Habitat Protection) 2020 State Environmental Planning Policy No 55 – Remediation of Land Threatened Species Conservation Act 1995 Wyong Local Environmental Plan 2013, cll 2.3, 2.6 Texts Cited: Land and Environment Court of New South Wales COVID-19 Pandemic Arrangements Policy (December 2020) Wyong Development Control Plan 2013 Category: Principal judgment Parties: GV Nominee No 1 Pty Ltd (Applicant) Central Coast Council (Respondent) Representation: Counsel: J Farrell (Applicant) N Ikners (Solicitor)(Respondent)