C Ahadizadeh Pty Ltd v Central Coast Council [2023] NSWLEC 1052

Land and Environment Court New South Wales

Medium Neutral Citation: C Ahadizadeh Pty Ltd v Central Coast Council [2023] NSWLEC 1052 Hearing dates: Conciliation Conference 27 January 2023 Date of orders: 08 February 2023 Decision date: 08 February 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development application DA/222/2021 for the change of use of existing building (former nursing home) into a boarding house and associated works at 51 Peel St Toukley 2263 Lot 2 DP 850314, is determined by grant of consent, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – change of use – boarding house - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.16, 8.7 Environmental Planning and Assessment Regulation 2000 Interpretation Act 1987, s 30A Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, cl 6 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 29, 30, 30A State Environmental Planning Policy (Housing) 2021, s 29, Sch 7 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 Wyong Local Environmental Plan 2013, cll 4.3, 4.4, 5.10, 6.2, 7.1, 7.3 Category: Principal judgment Parties: C Ahadizadeh Pty Ltd (Applicant) Central Coast City (Respondent) Representation: Counsel: M Sonter (Solicitor)(Applicant) C Rose (Solicitor)(Respondent)