Ochudzawa v Central Coast Council [2022] NSWLEC 1459

Land and Environment Court New South Wales

Medium Neutral Citation: Ochudzawa v Central Coast Council [2022] NSWLEC 1459 Hearing dates: Conciliation conference on 19 July 2022, final submissions 23 August 2022 Date of orders: 02 September 2022 Decision date: 02 September 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: 1) The Applicant's amended request under clause 4.6 of the Wyong Local Environmental Plan is upheld. 2) The appeal is upheld. 3) Development consent is granted to development application DA-62725/2021 as amended for the demolition of existing structures and the erection and construction of a two (2) storey residential flat building and dwelling comprising five (5) units, with at grade car parking, subject to the conditions at Annexure A. 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 Environmental Planning and Assessment Regulation 2000 Central Coast Local Environmental Plan 2022 cl 1.8A Gosford Local Environmental Plan 2014 cll 2.3, 4.1B, 4.3, 4.4, 4.6, 5.6, 5.21 Land and Environment Court Act 1979 s 34 State Environmental Planning Policy (Resilience and Hazards) 2021 cl 2.10, 2.11, 2.12, 4.6 Cases Cited: Baron Corporation Pty Ltd v Council of the City of Sydney [2019] NSWLEC 61 Wehbe v Pittwater Council [2007] 156 LGERA 446; (2007) NSWLEC 827 Texts Cited: Gosford Development Control Plan 2013 Category: Principal judgment Parties: Simon Ochudzawa (Applicant) Central Coast Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) S Simington (Solicitor) (Respondent)