Vinogradov v Central Coast Council [2023] NSWLEC 1690

Land and Environment Court New South Wales

Medium Neutral Citation: Vinogradov v Central Coast Council [2023] NSWLEC 1690 Hearing dates: Conciliation conference on 6 October and 1 November 2023 Date of orders: 29 December 2023 Decision date: 29 December 2023 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The Applicant is granted leave to rely on the amended plans identified in Annexure A. (2) The Applicant is to pay those costs of the Respondent 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). (3) The appeal is upheld. (4) Development consent is granted to development application DA/4367/2022 for the demolition of existing structures and the construction of 3 x 2-storey units, including associated landscaping, at Lot 492 of DP 10570, also known as 33 Burrawang Street, Ettalong Beach, subject to the conditions of consent at Annexure B. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – multi-dwelling housing –agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, s 38 Central Coast Local Environmental Plan 2022, cll 4.3, 4.4, 7.1 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 2.11, s 4.6, Ch 2