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 JUDGMENT 1. COMMISSIONER: On 4 November 2022, I handed down my reasons in the Class 1 appeal (Wallace v Central Coast Council [2022] NSWLEC 1674) (the Principal Judgment). 2. In the Principal Judgment the Parties were directed to prepare and file at Court final settled conditions of consent, consistent with findings in this judgment. 3. The Parties have now filed their final agreed conditions of consent such that the Court can make final orders to dispose of the appeal. Orders 1. 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, including one conservation lot, as well as demolition and 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. M Chilcott Commissioner of the Court ********** Annexure A DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 22 December 2022