Wallace v Central Coast Council [2022] NSWLEC 1674

Land and Environment Court New South Wales

Medium Neutral Citation: Wallace v Central Coast Council [2022] NSWLEC 1674 Hearing dates: 1 and 2 November 2021, 15 and 16 June 2022 Decision date: 06 December 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court directs that: (1) the Parties are directed to prepare final settled conditions of consent, consistent with findings in this judgment, and to file these by no later than Monday 19 December 2022; (2) the matter is listed for mention on Tuesday 20 December 2022 at 4:15pm by telephone; (3) if the direction at (1) above is complied with, final orders will be made granting development consent and the mention on 20 December 2022 will be vacated; (4) the Parties are granted liberty to restore on 3 days' notice. Catchwords: DEVELOPMENT APPLICATION – subdivision of land – bushfire prone land – potential impacts on biodiversity – potential impact on squirrel glider habitat – creation of wildlife corridor – whether Applicant's BDAR is acceptable – whether Applicant's proposed wildlife corridor is acceptable – consideration of proposed conditions of consent. Legislation Cited: Biodiversity Conservation Act 2016, Pts 4, 5, 7, ss 6.5, 6.7, 6.12, 7.2, 7.3, 7.5, 7.7, 7.12, 7.13, 7.16 Biodiversity Conservation Regulation 2017, cl 6.7 Conveyancing Act 1919, s 88B Environmental Planning and Assessment Act 1979, Pt 4, ss 4.15, 4.16, 7.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 55, 77 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy No. 55, cl 7 Wyong Local Environmental Plan 2013, cll 2.3, 2.6, 4.1, 6.1, 6.2, 7.9, Texts Cited: Central Coast Community Participation Plan 2019 Land and Environment Court of NSW COVID-19 Pandemic Arrangements Policy, April 2021 NSW Department of Planning, Industry and Environment, Biodiversity Assessment Method 2020 Wyong Development Control Plan 2013 Category: Principal judgment Parties: Colin Wallace (Applicant) Central Coast Council (Respondent) Representation: Counsel: J Johnson (Applicant) (part – 1 & 2 November 2022) J Doyle (Applicant) (part – 15 & 16 June 2022) H Irish (Respondent)