Jedaclew Pty Ltd v Central Coast Council [2022] NSWLEC 1470

Land and Environment Court New South Wales

Medium Neutral Citation: Jedaclew Pty Ltd v Central Coast Council [2022] NSWLEC 1470 Hearing dates: Conciliation conference on 18 August 2022 Date of orders: 08 September 2022 Decision date: 08 September 2022 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application no. 57779/2019 for the demolition of existing structures and the construction of a commercial and shop top housing development and associated landscaping on land legally comprising of the allotments described as Lots 1-4 in DP 24978 and known as nos. 227-233 Ocean View Road, Ettalong Beach, subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties - orders Legislation Cited: Central Coast Local Environmental Plan 2022, cl 1.8A Environmental Planning and Assessment Act 1979, ss 1.3, 4.16 Environmental Planning and Assessment Regulation 2000, cll 55, 64; Sch 1, Pt 1, cl 2A Gosford Local Environmental Plan 2014, cll 2.3, 4.3, 4.6, 5.3, 7.1, 7.2 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Coastal Management) 2018 (repealed) State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.10, 2.12, 2.13, 2.15; Ch 4, s 4.6 State Environmental Planning Policy No 55 – Remediation of Land (repealed) State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cll 3, 28 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Texts Cited: Apartment Design Guide National Acid Sulfate Soils Guidance Category: Principal judgment Parties: Jedaclew Pty Ltd (Applicant) Central Coast Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) C Rose (Solicitor) (Respondent)