Kyle Bay Holdings Pty Ltd v Central Coast Council [2024] NSWLEC 1063

Land and Environment Court New South Wales

Medium Neutral Citation: Kyle Bay Holdings Pty Ltd v Central Coast Council [2024] NSWLEC 1063 Hearing dates: Conciliation conference on 16 February 2024 Date of orders: 21 February 2024 Decision date: 21 February 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the Development Application, in the agreed sum of $12,000, and payable within 28 days of the date of this order. (2) The appeal is upheld. (3) Development consent is granted to Development Application DA/578/2021 for construction of a 4-storey residential flat building containing 11 units over basement parking and rooftop communal open space at 16 Bayview Avenue, The Entrance, being Lot 4 DP 17377, subject to conditions annexed here to and marked Annexure A. Catchwords: APPEAL – residential flat building – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Central Coast Local Environmental Plan 2022, cl 1.8A Environmental Planning and Assessment Regulation 2021 ss 27, 29, 37, 38 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 4.6 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cl 28, 30 Wyong Local Environmental Plan 2013, cll 4.3, 4.6 Category: Principal judgment Parties: Kyle Bay Holdings Pty Ltd (Applicant) Central Coast Council (Respondent) Representation: Counsel: S Siv (Solicitor) (Applicant) C Rose (Solicitor) (Respondent)