Vinogradov v Central Coast Council [2023] NSWLEC 1731

Land and Environment Court New South Wales

Medium Neutral Citation: Vinogradov v Central Coast Council [2023] NSWLEC 1731 Hearing dates: Conciliation conference held on 24 November 2023 Date of orders: 05 December 2023 Decision date: 05 December 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA/349/2023, which seeks the demolition of the existing structures and construction of a multi dwelling housing development, consisting of three dwellings, landscaping and associated works on Lot 113 Sec 1 in Deposited Plan 11935, also known as 102 Bay Road, Blue Bay, is determined by the grant of consent, subject to the conditions in Annexure A. (3) The Applicant must pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed in the amount of $12,000 (ex GST). Catchwords: DEVELOPMENT APPLICATION – multi-dwelling housing development – conciliation conference – agreement between the parties – orders Legislation Cited: Central Coast Local Environmental Plan 2022, cl 2.3 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, ss 23, 38 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, Ch 4, s 4.6 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) D Havadjia (Solicitor) (Respondent)