Cedar Ranch Pty Ltd v Central Coast Council [2024] NSWLEC 1164

Land and Environment Court New South Wales

Medium Neutral Citation: Cedar Ranch Pty Ltd v Central Coast Council [2024] NSWLEC 1164 Hearing dates: Conciliation Conference 29 and 30 January 2024 Date of orders: 12 April 2024 Decision date: 12 April 2024 Jurisdiction: Class 1 Before: Targett AC Decision: Proceedings 2023/21216 The Court orders that: (1) The appeal is upheld. (2) Development Application No DA/1020/2022 for a boundary adjustment between lots 33 and 65 in deposited plan 755261 is determined by the grant of consent subject to conditions set out in Annexure A. Proceedings 2023/21235 The Court orders that: (1) The appeal is upheld. (2) Development Application DA/1972/2022 is determined by the grant of consent subject to conditions set out in Annexure B. (3) The applicant is to file the amended development application as approved by the respondent and set out in condition 1.1 of Annexure B within seven (7) days of the date of this order. Catchwords: APPEAL – Development application – subdivision - conciliation conference – agreement between the parties - orders Legislation Cited: Biodiversity Conservation Act 2016, ss 7.2, 7.3, 7.4 Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.46, 4.63 8.7, 8.10, 8.11, 8.14, 8.15, 10.3 Land and Environment Court Act 1979, ss 17, 34, 34AA Local Land Services Act 2013, s 60O Rural Fires Act 1997, s 100B Biodiversity Conservation Regulation 2017, s 7.2 Central Coast Local Environmental Plan 2022 cl 1.8A Environmental Planning and Assessment Regulation 2021, s 37, 38, 68 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 4 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 s 4.2 Wyong Local Environmental Plan 1991, cl 16 Wyong Local Environmental Plan 2013 cll 2.6, 4.1, 4.2B, 4.2C, 5.21, 7.4, 7.9 Texts Cited: Wyong Development Control Plan 2013 Category: Principal judgment Parties: Cedar Ranch Pty Ltd (Applicant) Central Coast Council (Respondent) Representation: Counsel: A Knox (Solicitor) (Applicant) A Rutherford (Solicitor) (Respondent)