Chemico Holdings Pty Ltd v Central Coast Council [2023] NSWLEC 1360

Land and Environment Court New South Wales

Medium Neutral Citation: Chemico Holdings Pty Ltd v Central Coast Council [2023] NSWLEC 1360 Hearing dates: Conciliation conference on 1 May 2023 Date of orders: 11 July 2023 Decision date: 11 July 2023 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicants are to pay the respondent's costs thrown pursuant to s.8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $8,000.00 (2) The appeal is upheld. (3) Development consent is granted to development application 61540/2021, as amended, for the partial demolition of the existing structures (except the existing chemist located on 315 West Street), and construction of a mixed-use building containing shop top housing, commercial premises, and associated works over basement parking, subject to the conditions contained in Annexure A. Catchwords: APPEAL – development application – conciliation conference – agreement between the parties – orders Legislation Cited: Central Coast Local Environmental Plan 2022, cl 1.8A Environmental Planning and Assessment Act 1979, ss 4.15(1)(d), 4.16, 8.15(3) Environmental Planning and Assessment Regulation 2000, cl 55 Gosford Local Environmental Plan 2014, cll 4.3, 4.6, 4.4, 5.10, 6.7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Texts Cited: Gosford Development Control Plan 2013 Gosford Development Control Plan 2014 Category: Principal judgment Parties: Chemico Holdings Pty Ltd (First Applicant) Chemico Property Holdings Pty Ltd (Second Applicant) Central Coast Council (Respondent) Representation: Counsel: P Saab (Solicitor) (Applicants) M Ball (Solicitor) (Respondent)