Doug Sneddon Planning Pty Ltd v Central Coast Council [2023] NSWLEC 1653

Land and Environment Court New South Wales

Medium Neutral Citation: Doug Sneddon Planning Pty Ltd v Central Coast Council [2023] NSWLEC 1653 Hearing dates: Conciliation conference 20 October 2023 Date of orders: 03 November 2023 Decision date: 03 November 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent DA 46290/2014 is modified in the terms in Annexure A. (3) Development consent DA 46290/2014, as modified, is set out in Annexure B. Catchwords: MODIFICATION APPLICATION – modification to an approved residential flat building - alterations to the building's podium and residential tower floorplates – amended plans and additional materials – agreement between the parties – orders made. Legislation Cited: Environmental Planning and Assessment 2021, ss 29, 102 Environmental Planning and Assessment Act 1979, ss 4.15, 4.53, 4.55, 8.9 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Precincts – Regional) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 4.6 State Environmental Planning Policy 65 – Design Quality of Residential Apartment Development Cases Cited: Betohuwisa Investments Pty Ltd v Kiama Municipal Council (2010) 177 LGERA 312; [2010] NSWLEC 223 Feldkirchen Pty Ltd v Development Implementation Pty Ltd [2022] NSWCA 227 Texts Cited: Gosford City Centre Development Control Plan 2018 Category: Principal judgment Parties: Doug Sneddon Planning Pty Ltd (Applicant) Central Coast Council (Respondent) Representation: Counsel: P Tomasetti SC (Applicant) S Simington (Solicitor) (Respondent)