Vinogradov v Central Coast Council [2023] NSWLEC 1675

Land and Environment Court New South Wales

Medium Neutral Citation: Vinogradov v Central Coast Council [2023] NSWLEC 1675 Hearing dates: Conciliation conferences on 11 August and 14 September 2023 Date of orders: 10 November 2023 Decision date: 10 November 2023 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders: (1) The Applicant is granted leave to rely on the amended plans identified in Annexure A. (2) The appeal is upheld. (3) Development Consent is granted to Development Application DA/185/2023 for the demolition of existing structures and the construction of three, 2-storey units, including associated landscaping at Lot 486 DP10570, also known as 21 Burrawang Street Ettalong Beach, subject to the conditions at Annexure B. (4) The Applicant is to pay those costs of the consent authority that have been thrown away as a result of the amendment of the application for development consent pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $12,000.00 (ex GST). Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34A State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Central Coast Local Environmental Plan 2022, cll 2.2, 4.3, 4.4, 7.1 Texts Cited: Central Coast Development Control Plan 2022 Category: Principal judgment Parties: Andrey Vinogradov (Applicant) Central Coast Council (Respondent) Representation: Counsel: R Byrd (Solicitor) (Applicant) S Simington (Solicitor) (Respondent)