KHMS Corporation Pty Ltd v Central Coast Council [2022] NSWLEC 1653

Land and Environment Court New South Wales

Medium Neutral Citation: KHMS Corporation Pty Ltd v Central Coast Council [2022] NSWLEC 1653 Hearing dates: Conciliation conference on 18 November 2022 Date of orders: 29 November 2022 Decision date: 29 November 2022 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The Appeal is upheld. (2) Development Application No. 59732/2020, as amended, for the partial demolition of existing structures and construction of a mixed use building containing shop top housing, retail premises, serviced apartments and associated works, on land known as 302-306 Ocean View Road, Ettalong Beach being respectively Lot 1 Section 1 Deposited Plan 5298, Lot 2A Deposited Plan 381761 and Lot 2B Deposited Plan 381761, is determined by the grant of Development Consent subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – retail use – shop top housing – amended plans – conciliation conference – agreement between the parties – orders Legislation Cited: Central Coast Local Environmental Plan 2022, 1.8A Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Gosford Local Environmental Plan 2014, cll 4.3, 4.6 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Texts Cited: Gosford Development Control Plan 2013 Category: Principal judgment Parties: KHMS Corporation Pty Ltd (Applicant) Central Coast Council (Respondent) Representation: Counsel: P Saab (Solicitor) (Applicant) C Rose (Solicitor) (Respondent)