MHM Invest Pty Ltd v Central Coast Council [2023] NSWLEC 1352

Land and Environment Court New South Wales

Medium Neutral Citation: MHM Invest Pty Ltd v Central Coast Council [2023] NSWLEC 1352 Hearing dates: Conciliation conference on 16 June 2023 Date of orders: 6 July 2023 Decision date: 06 July 2023 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No 3572/2022, as amended, for the amalgamation of lots, removal of identified trees, demolition of existing structures and construction of a two-storey centre based childcare centre for 81 children with at grade parking on land legally described as Lots 12 & 13 in DP11876 and known as 3-5 Springwood Street, Blackwall, is determined by the grant of development consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Central Coast Local Environmental Plan 2022, cll 2.3, 2.7, 4.3, 5, 5.21, 7.1, 7.6, 21 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16. 8.7 Environmental Planning and Assessment Regulation 2021, cl 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, Pt 2.3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.3, 3.23, 3.26 Texts Cited: Central Coast Community Participation Plan 2019 Central Coast Development Control Plan 2022 NSW Department of Planning, Industry and Environment, Child Care Planning Guideline, 2021 Category: Principal judgment Parties: MHM Invest Pty Ltd (Applicant) Central Coast Council (Respondent) Representation: Counsel: A Smith (Applicant) A Rutherford (Solicitor) (Respondent)