Wallace v Central Coast Council (No.2) [2022] NSWLEC 1724

Land and Environment Court New South Wales

Medium Neutral Citation: Wallace v Central Coast Council (No.2) [2022] NSWLEC 1724 Hearing dates: 1 and 2 November 2021, 15 and 16 June 2022 Date of orders: 22 December 2022 Decision date: 22 December 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) the appeal is upheld. (2) the Applicant's development application DA/87/2020 seeking consent for the residential subdivision of land, as well as demolition and some associated works, at 51 and 53-73 Warnervale Road, Warnervale, is determined by the grant of consent, subject to the conditions at Annexure 'A'. (3) the exhibits are returned, except Exhibits A, B, F, 1 and 10. 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. Cases Cited: Wallace v Central Coast Council [2022] NSWLEC 1674 Category: Consequential orders Parties: Colin Wallace (Applicant) Central Coast Council (Respondent) Representation: Counsel: J Johnson (Applicant) (part – 1, 2 November 2021) J Doyle (Applicant) (part – 15, 16 June 2022) H Irish (Respondent)

Solicitors: Fox Legal Services (Applicant) MBM Legal + Conveyancing (Respondent) File Number(s): 2021/51735 Publication restriction: Nil