Blue Group Residential Pty Ltd v Central Coast Council [2023] NSWLEC 1210

Land and Environment Court New South Wales

Medium Neutral Citation: Blue Group Residential Pty Ltd v Central Coast Council [2023] NSWLEC 1210 Hearing dates: Conciliation Conference on 14 February, 11 April 2023 Date of orders: 04 May 2023 Decision date: 04 May 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) Leave is granted to the Application to amend the Development Application and rely on the plans listed at [8]. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the Development Application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (3) The appeal is upheld. (4) Development Application number 481/2022 for the demolition of existing structures and construction of multi-dwelling housing and associated works at 6 Fielder Street, West Gosford is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition and new multi dwelling housing – conciliation conference – amended plans – agreement between the parties – orders made Legislation Cited: Central Coast Local Environmental Plan 2022 Contaminated Land Management Act 1997, Pt 3 Div 2 Environmental Planning and Assessment Act 1979, ss 8.15, 8.7, 4.12 Environmental Planning and Assessment Regulation 2021, ss 23, 38 Environmental Planning Policy (Precincts - Regional) 2021, Ch 5, ss 5.13, 5.17, 5.26, 5.28, 5.39, 5.45, 5.55 Land and Environment Court Act 1979, ss 34, 39 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 2, ss 2.2, 2.10, 2.11, 2.12, 2.13, 4.6 State Environmental Planning Policy No 55-Remediation of Land Texts Cited: Cardno, Coastal Zone Management Plan for Brisbane Water Estuary, July 2012 Category: Principal judgment Parties: Blue Group Residential Pty Ltd (Applicant) Central Coast Council (Respondent) Representation: Counsel: B Dyer (Solicitor) (Applicant) K Mortimer (Solicitor) (Respondent)