Blanch v Central Coast Council [2023] NSWLEC 1744

Land and Environment Court New South Wales

Medium Neutral Citation: Blanch v Central Coast Council [2023] NSWLEC 1744 Hearing dates: Conciliation conference on 15, 16 November 2023 Date of orders: 07 December 2023 Decision date: 07 December 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application number DA/1240/2022, as amended, for the construction of a dual occupancy dwelling house and a driveway on land identified as Lot 101 DP 840141 and known as 100 Berkeley Road, Fountaindale NSW 2258, is determined by the grant of consent subject to the conditions included in Annexure A. Catchwords: DEVELOPMENT APPLICATION – dual occupancy dwelling house, driveway and associated works – conciliation conference – amended plans and additional information – agreement between the parties – orders made Legislation Cited: Central Coast Local Environmental Plan 2022, cl 1.8A Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, ss 23, 38 Land and Environmental Court Act 1979, s 34AA Rural Fires Act 1997 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.8, 4.6 Wyong Local Environmental Plan 2013, cll 4.1D, 4.2B, 5.21, 7.9, Texts Cited: NSW Rural Fire Service, Planning for Bushfire Protection 2019 Wyong Development Control Plan 2013 Category: Principal judgment Parties: Ty Barron Blanch (Applicant) Central Coast Council (Respondent) Representation: Counsel: M Fraser (Applicant) C Rose (Solicitor) (Respondent)