Peter Fryar trading as Key Urban Planning v Central Coast Council [2023] NSWLEC 1079

Land and Environment Court New South Wales

Medium Neutral Citation: Peter Fryar trading as Key Urban Planning v Central Coast Council [2023] NSWLEC 1079 Hearing dates: Conciliation conference on 17 February 2023 Date of orders: 21 February 2023 Decision date: 21 February 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application No. 1923/2021, to rely on the amended plans and documents specified in Annexure A. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of order (1) in the sum of $5,000.00 within 28 days of the date of this order. (3) The appeal is upheld. (4) Development Application No. 1923/2021 for alterations and additions to a former cinema building to provide a mixed use development comprising five retail shops at ground floor level; seven office suites at first floor level; the construction of an additional floor containing a four bedroom dwelling; rooftop plant and services and open space for the dwelling; and associated parking and engineering works is determined by the grant of consent, subject to the conditions set out in Annexure B. Catchwords: APPEAL – development application – alterations and additions to a former cinema for the purpose of retail, commercial and shop top housing – conciliation conference – agreement reached – orders made Legislation Cited: Central Coast Local Environmental Plan 2022 cl 1.8A Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55, Sch 1 Environmental Planning and Assessment Regulation 2021 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021 ss 2.10, 2.12, 4.6 Wyong Local Environmental Plan 2013 Category: Principal judgment Parties: Peter Fryar trading as Key Urban Planning (Applicant) Central Coast Council (Respondent) Representation: Counsel: H Howard (Applicant) A Rutherford (Respondent)