CCS Design Pty Ltd trading as Knight Mapleton Design Partners v Central Coast Council [2024] NSWLEC 1153

Land and Environment Court New South Wales

Medium Neutral Citation: CCS Design Pty Ltd trading as Knight Mapleton Design Partners v Central Coast Council [2024] NSWLEC 1153 Hearing dates: Conciliation conference 22 March 2024 Date of orders: 04 April 2024 Decision date: 04 April 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is granted leave to rely on the amended plans listed at [8] of this judgment. (2) The appeal is upheld. (3) Development consent is granted to development application DA/3337/2022 for the demolition of an existing dwelling house and ancillary structures, removal of trees and construction of a dual occupancy with associated carparking and landscaping at Lot 36 DP 9894, known as 16 Sydney Avenue, Umina Beach in accordance with the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition and construction of new dual occupancy development – amended plans and additional information – agreement between the parties – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 34 Central Coast Local Environmental Plan 2022, cll 2.3, 4.1B, 4.3,4.4 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy Building Sustainability Index: BASIX 2004 (BASIX SEPP) State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 Texts Cited: Central Coast Development Control Plan 2022 Category: Principal judgment Parties: CCS Design Pty Ltd trading as Knight Mapleton Design Partners (Applicant) Central Coast Council (Respondent) Representation: Counsel: R Byrd (Solicitor) (Applicant) D Taylor (Solicitor) (Respondent)