Pastoral Investment Land & Loan Pty Ltd v Central Coast Council [2022] NSWLEC 1152

Land and Environment Court New South Wales

Medium Neutral Citation: Pastoral Investment Land & Loan Pty Ltd v Central Coast Council [2022] NSWLEC 1152 Hearing dates: Conciliation conference on 22 March 2022 Date of orders: 23 March 2022 Decision date: 23 March 2022 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The appeal is upheld. (2) Concept development application no 1487/2017 for concept development - boundary realignment (subdivision), clearing of native vegetation (stage 1) and a concept proposed for a landscape supply business and self-storage units (stage 2) at 130-134 Sparks Road, Warnervale NSW, is determined by the grant of consent, subject to the conditions of consent at Annexure A. (3) The exhibits may be returned except for A, B, C, D, E, 1 and 3. Catchwords: DEVELOPMENT APPLICATION – concept development (staged) – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, Sch 9 Biodiversity Conservation (Savings and Transitional) Regulation 2017, cll 27, 28 Environmental Planning and Assessment Act 1979. ss 4.22, 8.7 Land and Environment Court Act 1979, s 34 Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021 State Environmental Planning Policy (Transport and Infrastructure) 2021, cl 2.118 Threatened Species Conservation Act 1995 (repealed) Wyong Local Environmental Plan 2013, cll 2.6, 4.1, 4.2C, 6.3, 7.9 Category: Principal judgment Parties: Pastoral Investment Land & Loan Pty Ltd (Applicant) Central Coast Council (Respondent) Representation: Counsel: J Young with M Fozzard (Applicant) M Staunton with L Nurpuri (Respondent)