I.D.A. Safe Constructions Pty Ltd v Central Coast Council [2023] NSWLEC 1185

Land and Environment Court New South Wales

Medium Neutral Citation: I.D.A. Safe Constructions Pty Ltd v Central Coast Council [2023] NSWLEC 1185 Hearing dates: 3 April 2023 Date of orders: 20 April 2023 Decision date: 20 April 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Consent No 1591/2017 for a 72 lot subdivision (comprising 69 residential lot, 2 residue lots and 1 detention basin lot) and the creation and dedication of a park, at Lots 10 & 11 in Deposited Plan 1177776 and Lot 31 in Deposited Plan 23810, known as 10 Oscar Drive & 51 Geoffrey Road, Chittaway Point NSW 2261, is modified in the terms set out in the consolidated conditions of consent at Annexure A. (3) The exhibits are returned, with the exception of exhibit A, B, and C. Catchwords: MODIFICATION APPLICATION – 72 lot subdivision – alter the size and location of two box culverts – orders by consent of parties Legislation Cited: Environmental Planning and Assessment Act 1979 s 4.55 Wyong Local Environmental Plan 2013 cl 5.21 Central Coast Local Environmental Plan 2022 cl 1.8A Cases Cited: I.D.A. Safe Constructions Pty Ltd v Central Coast Council [2021] NSWLEC 1434 Texts Cited: Central Coast Development Control Plan 2022 Category: Principal judgment Parties: I.D.A. Safe Constructions Pty Ltd (Applicant) Central Coast Council (Respondent) Representation: Counsel: J Reid (Applicant) M Ball (Solicitor) (Respondent)