Nyinya Investments Pty Ltd ATF Nyinya Investments Unit Trust v Central Coast Council [2023] NSWLEC 1457

Land and Environment Court New South Wales

Medium Neutral Citation: Nyinya Investments Pty Ltd ATF Nyinya Investments Unit Trust v Central Coast Council [2023] NSWLEC 1457 Hearing dates: Conciliation conference 11 August 2023 Date of orders: 18 August 2023 Decision date: 18 August 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA/557/2022 for the demolition of existing structures and construction of a two storey multi-dwelling housing development comprising 9 units with 2 units to be used as affordable housing pursuant to State Environmental Planning Policy (Housing) 2021, above basement car parking, the removal of 1 tree and associated works at 18 Campbell Avenue, The Entrance (Lot 25 Section 2 DP 14230) subject to the conditions of consent annexed and marked Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition of existing structures and construction of a two storey multi dwelling housing development – amended plans – agreement between the parties - orders Legislation Cited: Central Coast Local Environmental Plan 2022, cl 1.8A Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2021, s 23 Land and Environment Court Act 1979, s 34 State Environment Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Housing) 2021, Div 1, ss 16, 17, 18, 21 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Wyong Local Environmental Plan 2013, cll 2.7, 6.1 Texts Cited: Department of Infrastructure, Planning and Natural Resources, Seniors Living Policy: Urban Design Guidelines for Infill Development, March 2004 Wyong Development Control Plan 2013 Category: Principal judgment Parties: Nyinya Investments Pty Ltd ATF Nyinya Investments Unit Trust (Applicant) Central Coast Council (Respondent) Representation: Counsel: M Norman (Solicitor) (Applicant) C Rose (Solicitor) (Respondent)