Gardiner v Central Coast Council [2022] NSWLEC 1007

Land and Environment Court New South Wales

Medium Neutral Citation: Gardiner v Central Coast Council [2022] NSWLEC 1007 Hearing dates: 1-2 December 2021 Date of orders: 10 January 2022 Decision date: 10 January 2022 Jurisdiction: Class 1 Before: Morris AC Decision: The Orders of the Court are: (1) The appeal is dismissed. (2) Development Application No DA/94/2021 for a two lot residential subdivision, demolition of a garden shed and removal of one tree is refused. (3) The exhibits, other than exhibit 1 and C, are returned. Catchwords: DEVELOPMENT APPLICATION – subdivision – flooding – whether adequate safeguards in place; whether site is suitable for proposed development Legislation Cited: Coastal Management Act 2016 State Environmental Planning Policy (Coastal Management) 2018 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, cl 3.5 State Environmental Planning Policy Amendment (Flood Planning) 2021, Sch 1 Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021 Standard Instrument (Local Environmental Plans) Order 2006, cl 8 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Wyong Local Environmental Plan 2013, cll 1.2, 2.3, 2.6, 4.1, 5.21, 7.2 Cases Cited: Gardiner v Central Coast Council [2020] NSWLEC 1077 Renaldo Plus 3 Pty Ltd v Hurstville City Council [2005] NSWLEC 315 Texts Cited: National Construction Code NSW Floodplain Development Manual 2005 NSW State Emergency Service Home Emergency Plan 2021 NSW State Emergency Service Wyong Shire Local Flood Plan Wyong Development Control Plan 2013 Wyong River Catchment Floodplain Risk Management Study and Plan Category: Principal judgment Parties: Peter Gardiner (First Applicant) Nicola Gardiner (Second Applicant) Central Coast Council (Respondent) Representation: Counsel: D Briggs (Solicitor) (Applicant) L Nurpuri (Respondent)