I.D.A. Safe Constructions Pty Ltd v Central Coast Council [2021] NSWLEC 1434

Land and Environment Court New South Wales

Medium Neutral Citation: I.D.A. Safe Constructions Pty Ltd v Central Coast Council [2021] NSWLEC 1434 Hearing dates: Conciliation conference held on 20 July 2021 Date of orders: 2 August 2021 Decision date: 02 August 2021 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The Applicant is to pay the Council's costs thrown away as a result of the reliance on the Concept Flood Culvert System drawing DA-01 prepared by Martens & Associates, Issue A, dated 16 July 2021 in the amount of $1,500 within 28 days. (2) The appeal is upheld. (3) Development Application No. DA/1591/2017 seeking consent for a 72 lot subdivision (comprising 69 residential lots, 2 residue lots and 1 detention basin lot) and the creation and dedication of a park, at Lots 10 & 11 in Deposited Plan 1177776 and Lot 31 in Deposited Plan 23810 otherwise described as 10 Oscar Drive & 51 Geoffrey Road, Chittaway Point NSW 2261, is approved subject to the conditions in Annexure 'A' to this agreement. Catchwords: DEVELOPMENT APPLICATION – residential subdivision – flooding – bushfire – biodiversity – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, reg 55 Land and Environment Court Act 1979, s 34 Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021 Standard Instrument (Local Environmental Plans) Order 2006, cl 8 State Environmental Planning Policy (Infrastructure) 2007, cll 45, 111A State Environmental Planning Policy No 55 – Remediation of Land, cl 7 State Environmental Planning Policy No 71 – Coastal Protection, cll 4, 8 Wyong Local Environmental Plan 2013, cll 1.8A, 2.3, 2.6, 4.1, 4.1A, 5.21, 7.1, 7.2 Cases Cited: Wingecarribee Shire Council v De Angelis [2016] NSWCA 189 Texts Cited: NSW Floodplain Development Manual 2005 Planning for Bushfire Protection Guide 2019, NSW Rural Fire Service Wyong Development Control Plan 2013 Category: Principal judgment Parties: I.D.A. Safe Constructions Pty Ltd (Applicant) Central Coast Council (Respondent) Representation: Counsel: J Reid (Applicant) J Farrell (Respondent)