Burgess v Central Coast Council [2024] NSWLEC 1227

Land and Environment Court New South Wales

Medium Neutral Citation: Burgess v Central Coast Council [2024] NSWLEC 1227 Hearing dates: Conciliation conference 29 April 2024 Date of orders: 10 May 2024 Decision date: 10 May 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application Number DA/1719/2022 for the construction of an attached dual occupancy and 2 Lot Torrens Title subdivision on the land at 62 Thompson Street, Long Jetty (Lot 8 Sec 1 DP 12043), subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – attached dual occupancy and subdivision – 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 Environmental Planning and Assessment Regulation, s 23 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Wyong Local Environmental Plan 2013, cll 2.3, 4.1D, 4.3, 4.4, 5.21, 7.1, 7.9 Texts Cited: Wyong Development Control Plan 2013 Category: Principal judgment Parties: Mark Burgess (Applicant) Central Coast Council (Respondent) Representation: Counsel: D Tyrrell, solicitor (Applicant) M Cottom, solicitor (Respondent)